Caveats on Property

Protecting an interest in land — and responding when a caveat is holding up your sale.

We advise first on whether you actually hold a caveatable interest, then lodge if you do.
Both sides of a caveat — lodging one, and removing one that shouldn’t be there.
Fixed fee for a straightforward lodgement, set out on our pricing page.
Lodged electronically through PEXA and NSW Land Registry Services.
NSW land — Real Property Act 1900 (NSW) Torrens title.

Property lawyer reviewing a client’s documents to advise whether they hold a caveatable interest in a NSW property

What a caveat is

A Warning on the Title, Not a Claim of Ownership

A caveat is a notice recorded on a property’s title warning the world that someone other than the registered owner claims an interest in the land. Once it’s on the register, dealings that are inconsistent with that claim — a transfer to a buyer, a new mortgage — generally can’t be registered while it remains.

In New South Wales caveats are governed by the Real Property Act 1900 (NSW). Section 74F allows a caveat to be lodged by a person claiming a legal or equitable estate or interest in the land. That threshold is the whole ballgame: a caveat is not a way to record that you are owed money, that you feel you have a moral claim, or that you are in dispute with the owner. It records a proprietary interest, or it does not belong on the title.

A caveat also does not make you the owner and does not stop the owner from selling. What it does is stop the resulting dealing from registering — which in practice stops settlement, and is why a caveat carries so much commercial weight and why lodging one carelessly can be expensive.

Corporate Legal provides legal services only — not financial, taxation or investment advice. Whether you hold a caveatable interest depends on your particular facts and documents; nothing on this page is advice on your situation.

Not sure whether you can lodge one? Ask us to check

The threshold question

Do You Have a Caveatable Interest?

Every caveat matter starts here, and it is a legal question rather than a form-filling one. These are the situations that most often give rise to a caveatable interest in New South Wales — but each turns on the documents and the facts, which is why we advise before anything is lodged.

Buyer Under an Exchanged Contract

Once contracts are exchanged, a purchaser holds an equitable interest in the land. Where there is a real risk the vendor may deal with the property elsewhere before settlement, a caveat protects the purchaser’s position on the register.

Equitable interest on exchange

You Contributed to the Purchase Price

Where you put money towards buying a property held in someone else’s name — a partner, a parent, a sibling, a business associate — a resulting or constructive trust may give you an equitable interest in the land, even though you are not on the title.

Resulting or constructive trust

A Loan Secured by a Charging Clause

Lending money on its own does not create an interest in land. But where the loan agreement, deed or guarantee contains a clause charging the borrower’s land as security, that charge is generally a caveatable interest. The wording of the clause decides it.

The clause is decisive

Unregistered Lease, Option or Agreement

An unregistered lease, an option to purchase, a right of pre-emption or an agreement for lease can each give rise to an interest in the land capable of supporting a caveat, depending on how the document is drawn and what it actually grants.

Depends on the document

Co-Owners, Partnerships & Joint Ventures

Where property is held in one party’s name but was acquired for a partnership, joint venture or development, the other participants may hold a beneficial interest. Caveats are common when one party moves to deal with the land unilaterally.

Beneficial interest

Beneficiaries Under a Trust or Estate

A beneficiary with an interest in land held on trust — including under a bare trust or an estate being administered — may be entitled to caveat to protect that interest against dealings by the trustee or personal representative.

Trust & estate interests

What is not a caveatable interest

The most common reason a caveat fails is that the person lodging it has a claim against the owner rather than an interest in the land. An unpaid debt with no charge over the property, an unpaid invoice from a builder or supplier whose contract has no charging clause, a family expectation of inheriting one day, a general sense of unfairness in a dispute, or simply having lived in the property — none of these, on their own, supports a caveat in New South Wales. Lodging anyway is not a neutral step: it exposes you to a compensation claim, and it can burn your one chance to caveat properly. This is the advice we give before anything is lodged, and it is included in the fee for the lodgement.

What does it cost? Lodging a caveat is a fixed-fee service that includes our advice on whether you hold a caveatable interest — including where that advice turns out to be that no caveat should be lodged. Disbursements are additional. The current figures are on our pricing page.

See Pricing

Both sides of a caveat

Which Side Are You On?

Caveat work arrives in two very different forms, and they run to different timetables. Whichever position you are in, the first conversation is the same: what interest is actually being claimed, and what does the register say?

You Need to Lodge a Caveat

Someone is dealing with land you have an interest in, and you need that interest recorded before a transfer or mortgage is registered. We advise on whether the interest is caveatable, draft the caveat so the estate or interest claimed is stated correctly, and lodge it electronically.

Advice on whether you hold a caveatable interest, and on what basis.
Drafting the caveat — the grounds and the interest claimed, stated properly.
Identity verification and electronic lodgement with NSW Land Registry Services.
What to expect once the owner is notified, including a lapsing notice.

Talk to us about lodging

A Caveat Has Been Lodged Against You

A caveat on your title will usually stop your sale or refinance from settling, and it often surfaces at the worst possible moment. There are three routes off the register — negotiated withdrawal, a lapsing notice, or a Supreme Court application — and the right one depends on your timeframe.

Reviewing the caveat and whether the interest claimed can stand.
Seeking a withdrawal, which is often the fastest and cheapest route.
Serving a lapsing notice under section 74J, giving the caveator 21 days to act.
Supreme Court applications where settlement can’t wait.

Co-ownership & caveat disputes

Caveat matters move on short timetables. The sooner we see the documents, the more options you have.

Talk to Us Today

Why it matters

Why a Caveat Is Not a Form-Filling Exercise

A caveat is one of the few steps a private party can take that directly interferes with someone else’s ability to deal with their property. The law treats it accordingly.

Compensation for Lodging Without Cause

Under section 74P, a person who lodges a caveat without reasonable cause — or refuses or fails to withdraw one when asked — is liable to compensate anyone who suffers loss as a result. Where a caveat collapses a settlement, that loss can be substantial.

You Usually Only Get One Attempt

Section 74O prevents a further caveat being lodged on the same or substantially the same facts without leave of the Supreme Court. A caveat lodged too early, or drafted with the wrong interest claimed, can cost you the ability to lodge the right one later.

The 21-Day Lapsing Clock

Once a lapsing notice is served under section 74J, the caveator has 21 days to obtain and lodge a Supreme Court order extending the caveat. Miss it and the caveat lapses — and the protection disappears whether or not the underlying claim was good.

Drafting Decides Whether It Holds

The caveat must identify the estate or interest claimed and the facts said to give rise to it. Vague, overstated or misdescribed grounds are a common reason caveats are removed on application, even where a genuine interest exists.

It Blocks Registration, Not the Sale

A caveat does not prevent an owner selling or agreeing to sell. It prevents inconsistent dealings from registering. Understanding that distinction matters, because it shapes what a caveat can realistically achieve for you.

Timing Against Settlement

Caveats most often bite in the days before a settlement, when there is no time to litigate. Acting early — on either side — is usually the difference between a negotiated outcome and an urgent Supreme Court application.

Send us the documents and we’ll tell you where you stand.

Get Advice

How we work

How Lodging a Caveat Works With Us

Tell Us the Background

Book a consultation and tell us how your interest arose — the money paid, the agreement signed, the promise made — and what the owner is now doing that has prompted you to act.

We Advise on the Interest

We review your documents and the title, and advise whether you hold a caveatable interest and on what basis. This advice comes first and is part of the service, including where the answer is that no caveat should be lodged.

Confirm Scope and Fee

If a caveat is appropriate, we confirm the fixed fee and expected disbursements in writing before we prepare anything, so you know the cost before you commit.

Draft the Caveat

We draft the caveat so it states the estate or interest claimed and the supporting facts precisely — the part that determines whether it survives a challenge.

Verify Identity & Lodge

We complete the identity verification the register requires and lodge the caveat electronically through PEXA and NSW Land Registry Services, then confirm once it is recorded.

Plan for What Comes Next

The Registrar-General notifies the owner, and a lapsing notice may follow. We tell you upfront what that means, what the 21-day timeframe requires, and what your options are if it arrives.

Ready to protect your interest? Start with a short consultation.

Call Today

Why Choose Corporate Legal for Caveat Work

Advice Before Lodgement, Always

We do not lodge first and reason later. Whether you hold a caveatable interest is decided before anything reaches the register — and that advice is included in the fixed fee.

We Will Tell You No

If the answer is that you have a claim against a person rather than an interest in land, we say so. Being told no early is far cheaper than a section 74P compensation claim later.

A Lawyer, Not Just a Lodgement Service

Caveats turn on trusts, charging clauses and contractual construction. A qualified property lawyer runs the file, so the interest claimed is the one the documents actually support.

Both Sides of the Register

We lodge caveats and we remove them. Having acted on both sides, we know how a caveat is likely to be attacked — and draft accordingly.

Fixed Fee for the Lodgement

A straightforward caveat is a fixed-fee service set out on our pricing page. Contested work is quoted separately, with an estimate before it starts.

We Move Quickly

Caveat matters are usually urgent. We prioritise them, and lodge electronically so the interest is recorded without avoidable delay.

Protect your interest with a property lawyer on your side.

Book a Consultation

Part of a Complete Property & Legal Service

Caveats rarely arrive on their own. They tend to sit alongside a purchase that is going wrong, a co-ownership arrangement breaking down, a family transfer, or a loan that was never properly secured. Because we handle buying and selling, title dealings, property structuring and property disputes, we can act on the caveat and on whatever sits behind it.

Explore: Conveyancing · Title & Ownership Changes · Co-Ownership & Caveat Disputes · Contract Reviews · Pricing

Frequently Asked Questions

What is a caveatable interest?

It is a legal or equitable estate or interest in the land itself, as opposed to a claim against the owner personally. Section 74F of the Real Property Act 1900 (NSW) allows a caveat to be lodged by a person claiming such an interest. A purchaser under an exchanged contract, someone whose money went into the purchase price, a lender holding a charging clause over the land, a beneficiary under a trust and a party to an unregistered lease or option can each hold one. Being owed money, without any charge over the property, does not.

Can I lodge a caveat because someone owes me money?

Usually not. A debt is a claim against a person, not an interest in their land, so it will not support a caveat on its own. The position changes if the loan agreement, deed or guarantee contains a clause charging the borrower’s land as security for the debt — that charge is generally caveatable. The wording of the document decides it, which is why we read it before advising you either way.

Does a caveat stop the owner selling the property?

Not directly. A caveat does not stop an owner from selling or entering a contract, and it does not give you ownership. What it does is prevent dealings inconsistent with the interest you claim from being registered while it remains on the title. In practice that stops settlement, because a buyer cannot get registered — which is why caveats carry real commercial force even though they are only a notice.

What happens after I lodge a caveat?

The Registrar-General records the caveat and gives notice of it to the registered proprietor. From there the owner may ask you to withdraw it, apply for a lapsing notice, or apply to the Supreme Court to have it removed. We explain the likely sequence when we lodge, so nothing that follows comes as a surprise.

What is a lapsing notice, and what does the 21 days mean?

A registered proprietor can apply to the Registrar-General for a lapsing notice under section 74J. Once it is served, the caveator has 21 days to obtain an order from the Supreme Court extending the operation of the caveat and lodge it with the Registrar-General. If that does not happen the caveat lapses and comes off the title, regardless of whether the underlying claim had merit. It is a hard deadline and it is the single most common way caveats are lost.

What are the risks of lodging a caveat I am not entitled to?

Two significant ones. Under section 74P, a person who lodges a caveat without reasonable cause, or who refuses or fails to withdraw one when asked, is liable to compensate anyone who suffers loss — and where a caveat causes a settlement to fail, that loss can be large. Separately, section 74O prevents you lodging a further caveat on the same or substantially the same facts without leave of the Supreme Court, so a premature or badly drafted caveat can cost you the ability to lodge a proper one later.

A caveat has been lodged against my property — how do I get it off?

There are three routes. The quickest is often a negotiated withdrawal, particularly once the caveator has been shown that the interest claimed cannot stand. Otherwise you can apply for a lapsing notice under section 74J, which puts the caveator on the 21-day clock, or apply to the Supreme Court under section 74MA for an order that the caveat be withdrawn. Which route suits you depends almost entirely on how long you have before settlement or refinance. This is contested work, so it is quoted separately from a straightforward lodgement.

How much does it cost, and how quickly can it be done?

Lodging a caveat is a fixed-fee service, plus disbursements, and the fee includes our advice on whether you hold a caveatable interest — including where our advice is that no caveat should be lodged. The current figure is on our pricing page and we confirm it in writing before starting. Timing depends on the documents: where the position is clear and we have what we need, a caveat can usually be prepared and lodged quickly, which matters because these matters are often urgent.

Not sure whether a caveat is the right step? We’ll tell you straight.

Ask Us Directly

Get the Caveat Question Answered Before You Act

Whether you need to protect an interest in land you don’t hold on title, or clear a caveat that is standing between you and a settlement, the first step is the same — an accurate view of what interest is really being claimed and whether it can stand. Corporate Legal advises and acts on caveats across New South Wales, with the advice built into the fixed fee for a lodgement.

Book a Consultation See Pricing