Online CPD Module l Booklet l PowerPoint Presentation
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Online CPD Module
Presentation time: 60 minutes
Caveats continue to be highly litigated, with already over seventy cases to date in 2014. A thorough understanding of the right to caveat, as well as when the courts are satisfied with the caveat, will assist you when advising your clients.
Developing an awareness of the steps that you might take to help mitigate the risk of potential liability when issues centered around caveats are emerging on a file may well prevent a dispute.
This module will consider caveats against dealings and will deepen your understanding of who can caveat and under what circumstances. The process of challenging and defending caveats will be discussed, along with a review of recent cases and their related processes ensuring you are up to date with how the courts currently handle caveat disputes.
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- Understand the scope of caveatable interests.
- Be aware of the processes around registering and challenging caveats.
- Recognise the principles the courts are applying in disputes.
Authors: Peter Barrett, Natalie Gaskin
Published: 25 November 2014
The Land Transfer Act 1952 (LTA) prescribes five different types of caveat. There are other statutes that provide for the use of caveats including the Property (Relationships) Act 1976 and the Joint Family Homes Act 1964.
This paper provides a guide to caveats against dealings with land. These caveats are the most commonly registered and are subject to a high level of litigation. This paper focusses on first principles and reviews cases that have stood the test of time as well as recent decisions of interest.
This paper is divided into three parts:
- Part 1 – claims that constitute caveatable interests;
- Part 2 – formal requirements; and
- Part 3 – procedures to challenge caveats.
These are the slides included in the presentation.
Number of Slides: 24