107. Effect of caveats
Feedback & supportLast amended by an amending law of 1973.
A caveat against land which is not under the provisions of this Act does not operate to forbid the registration of instruments affecting that land until it becomes registered 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;
A caveat which is in order for entry in the land-register at the date of lodgment of the caveat takes effect from that date.
order
“order” means an order of the Court, and includes a rule and a decree;
A caveat which is not in order for entry in the land-register at the date of lodgment of the caveat shall not take effect until —
in the case where the caveat is amended at the office of the Registrar, the caveat is rectified in accordance with the requirements specified by the Registrar pursuant to section 105; or
in the case where the caveat is returned to the caveator or his solicitor for amendment, the caveat is received by the Registrar duly rectified in accordance with the requirements specified by the Registrar pursuant to section 105.
A caveat does not operate to prevent the registration of an instrument which was lodged for registration before, and is in order for registration at, the time when the caveat becomes effective, unless the instrument is subsequently withdrawn from registration.
So long as a caveat remains effective, the Registrar shall not register any instrument which is inconsistent with the provisions of the caveat.[103
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.