Certifications for Caveat or Notice of Claim on a title

Which certifications to select when there is a Caveat or Notice of Claim on a title.

Caveat or Notice of Claim on a title certifications cover these scenarios:

  • A withdrawal of Caveat or Notice of Claim is in a prior pending dealing or the same dealing.
  • The instrument deals with an interest or estate not affected by the Caveat or Notice of Claim. 
  • The instrument is permitted under an exception in the Caveat or Notice of Claim.  
  • The instrument is a Transfer by Power of Sale which would lapse the Caveat. 

When there are multiple Caveats or Notices of Claim in a dealing you must select a single special certification for each Caveat or Notice of Claim.

Certification options

Option 1

I certify that the caveator under Caveat Number 123456.7 has consented to this transaction which is subject to the Caveat, and I hold that consent.

Option  2

Caveat Number 123456.7 is being withdrawn or removed or an application to lapse will be made, in a prior dealing or in the same dealing.

Option 3

Caveat Number 123456.7 does not apply to the estate or interest affected by this transaction. 

Options 3 and 4 will cause the dealing to step down to Lodge.

Option 4

Caveat Number 123456.7 is limited in its effect and does not forbid the registration of this transaction.

Option 5

Caveat Number 123456.7 will lapse as a result of registration of this transaction pursuant to section 141(2) of the Land Transfer Act 2017.

Option 5 will only display for a Transfer by Power of Sale (TPS), which is a Lodge instrument, and only where a registered caveat exists.

 

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