There are 2 types of caveats:
a registrar’s caveat; and a private caveat.
The registrar’s caveat and private caveat practice the same function, which is, prevent the land from being sold or transferred by the proprietor of the land.
What is the difference between a Registrar’s Caveat and Private Caveat?
Registrar’s Caveat
1. A registrar’s caveat is only entered by the Registrar of Titles or Land Administrator 2. Entered when the Registrar of Titles or Land Administrator deems that it is necessary or desirable to prevent fraud or improper dealing, to protect the interest of the State or if there is an error on the title document.
3. The registrar’s caveat once entered continues to be in force until it is removed.
Private Caveat
1. A private caveat can be entered by anyone who claims title over the land or claim to have an interest over the title of the land. 2. Private Caveat has a maximum lifespan of 6 years, if it is not earlier withdrawn or removed unless withdrawn of Caveat filed by the person who entering the caveat.
Who can enter a private caveat?
Anyone who claims title over the land or claims to have an interest over the title of the land can enter a private caveat. The most common scenarios where a private caveat is entered are:
when someone has entered into a sale and purchase agreement to buy the land and all requisite monies has been paid but the vendor has refused to complete the sale; a beneficiary under a trust to prevent dealings by the trustee; or when a person or company has taken a charge over the land but the charge is pending registration
How do you remove a caveat?
In respect of a private caveat, if you cannot get the person entering the caveat to withdraw it, a private caveat can be removed by applying to the Registrar of Titles or the Land Administrator or by applying to Court.
**Please note though that the FAQs do not constitute legal advice and as the situation remains fluid, the legal position may change in the near future.