104. Caveats may be lodged
Feedback & supportAny person claiming an interest in land, or any person otherwise authorised by any Act to do so, may lodge with the Registrar a caveat in the prescribed form.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
A caveator may, according to the extent of his interest, forbid the registration under this Act of any instrument affecting the land against which the caveat is directed, either —
caveator
“caveator” means the person by whom or on whose behalf a caveat is lodged;
until the expiration of notice, in accordance with section 108, of the lodgment for registration of such an instrument;
unless the instrument is expressed to be subject to the interest claimed by the caveator; or
unless the caveator or some person nominated by him in the caveat has consented in writing to such registration.
For the purposes of this Part, and without limiting its generality, an interest in the proceeds of sale of land shall be deemed to be an interest in that land.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Every caveat shall be signed by the caveator or by his solicitor, and shall contain —
an accurate description of the interest claimed; and
such description as may be sufficient to identify the land intended to be affected.
Nothing in this section enables a caveator or a person nominated by him in a caveat pursuant to subsection (2)(c) to withhold his consent to any instrument evidencing a dealing which a caveatee may lawfully make.[100
caveatee
“caveatee” means the proprietor or other owner of land described in a caveat and to whom notice of the caveat is required to be given;