C2.4 Prepare a caveat

How to prepare a caveat.

To prepare a Caveat:

  1. Select the Caveat in the Create Dealing screen and click Prepare button to open the Prepare Caveat screen.
    Screenshot of Prepare Dealing window with steps 1 - 15 labelled
  2. The default Caveat type is Against dealings with land under  s138 Land Transfer Act 2017
  3. In the Caveat of section:
    • The default is All (this can be changed if required).
  4. Select the Agreement Type: (you must select one of the following types)
    • Agreement to Mortgage
      1. Enter the Date of the agreement (mandatory)
      2. Select if a 3rd Party is involved
    • Agreement for Sale and Purchase
      1. Enter the date of the agreement (optional)
      2. Select if a 3rd Party is involved
    • Other (all other caveat types)
  5. Review the Registered Owner name(s). Check the Change due to Pending Dealing box to edit the names (if required).
  6. Enter the name of the Caveator.
    • Click Add button  to insert a new row in the Caveator area.
  7. Enter details of the Estate or Interest Claimed, Grounds and Derivation from Registered Owner details.
    • If Agreement for Sale and Purchase or Agreement to Mortgage was selected at step 4, there will be auto-populated wording. If you need to change or add to this text click the ‘edit?’ checkbox.
      1. If there is a 3rd party involved (e.g. to properly demonstrate the connection between the registered owner and caveator and the interest claimed you need to identify another party) you will need to tick ‘edit?’ and add text to link the 3rd Party to the agreement.
  8. In the Notice text box you can state which dealings will be allowed (exceptions to the Caveat), if required.
  9. Click Enter Address button in the Address for Service of Caveator area to open the Enter/Update Address Screen.

    You can enter only one type of address on the Enter/Update Address screen.

    • Physical /Postal
    • Other.
     
    Screen shot of the Enter/Update Address screen in Postal/PO box mode with steps 10, 11 and 12 marked
    Postal PO/Box mode
    Screenshot of the Enter/Update Address screen for 'Other' mode, with Steps 10, 11 and 12
    Other mode
  10. On the Enter/Update Address screen use the Address Type radio buttons:
    • To enter street or postal address details
    • To enter email or fax details.
  11. Enter address data for the Address Type selected in Step 10. All fields must be completed
  12. Click OK button to save the address and return to the Prepare Caveat screen. Landonline displays entered data in the Address for Service of Caveator area.
  13. Click Enter Address button in the Address for Registered Owner to open the Enter/Update Address screen.
  14. Repeat Steps 10, 11 and 12 to enter address for the Registered Owner and return to the Prepare Caveat screen.
  15. On the Prepare Caveat screen click Save and Close button to save the Caveat.

Follow the same process for entering addresses on the Enter/Update Address screen when preparing a Notice of Claim (refer to Section 2.5).

 

Last Updated: 25 November 2019