The registration of a Caveat over a property is giving notice that there is an existing right to claim. A party lodging a Caveat must have reasonable grounds to register the Instrument against the Title. Under the Transfer of Land Act 1952 there a five types of Caveats.
1. A caveat against bring land under the Act.
2. A caveat against dealing with land.
3. A caveat against application for prescriptive title.
4. A caveat as notice of interest in respect of compulsory registration of titles.
5. A caveat to forbid the issue of a certificate of title to replace a title limited by parcels.
Caveats can also be registered under other statutes such as Section 42 of the Property Relationships Act 1976 where a spouse claiming an interest in the other spouses property may lodge a claim by registration of a Caveat.
This can also happen under the Joint Family Homes Act 1964, which allows a creditor of an applicant who claims an interest in land which is subject to an applciation under the Act.
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