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Caveat Update
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Authors: Peter Barrett, Natalie Gaskin
Published: 25 November 2014
Pages: 26
Introduction
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.
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Johnston Lawrence
Wellington
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