The Land Transfer Act 1952 in New Zealand provides for 5 types of Caveats.
A caveat is a warning to anyone to be aware. A Caveat is a notice which is registered against a title for any party to be aware that a claim is being made and sought. Caveats do not create new rights, they are used to protect existing ones. The person lodging a caveat must have reasonable grounds to register a caveat. If they don’t then they may be liable to compensate anyone who suffers a loss as a result of the registration.
The different types of Caveats are:
1. A caveat against bringing land under the Act.
2. A caveat against dealing with land.
3. A caveat against an application for prescriptive title.
4. A caveat as notice of interest in respect of compulsory registration of title.
5. A caveat to forbid issue of an ordinary certificate of title to replace a certificate limited by parcels.
Other types of Caveats can be registered by other statutes. As an example Section 42 Property Relationship Act 1976, where a spouse is claiming an interest in the other spouse’s property.
Or
Section 6 of the Joint Family Homes Act 1964 which allows a creditor to possibily lodge a caveat claiming an interest in the land due to debt.
The most common caveat we come across is the caveat against dealings. Generally a caveat is used by a person who wishes to protect an interest in land by preventing the registered proprietor from disposing of the land or dealing with it in a way that would affect the caveators rights and interests.
Caveats can be registered to protect a Purchaser under a long term Agreement for Sale and Purchase, or the Caveator is a lessess under an Agreement to Lease, or the Caveator is a mortgage under an agreement or unregistered mortgage, or the Caveator holds an option to purchase, or if the Caveator is a beneficiary under a Trust.
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Can a caveat be registered over a property that has been sold recently,where the previous owner has not paid for improvements made to the property?
Hi Mark where is the property located that you refer to. As there maybe different laws around the evidence to support the registration of the Caveat on the property. Thanks Kim
The property is in the Kapiti Coast region of Wellington. The property belonged to a trust and was sold by a Court appointed trustee. The trustee has not taken into consideration improvement costs to a third party when he published his indicative distribution.
Hi Mark what was the cause of the sale of the property by a Court appointed Trustee? Thanks Kim
Relationship Property (held in a Trust). Trustees (the couple) were removed and replaced by the court. The new trustee consequently sold the property.
LINZ has answered my query, thanks
Mark