109. Lapsing of caveats
Feedback & supportA caveat lapses and ceases to affect 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;
at the expiration of the period of 21 days (or of such further period as the Court may direct) from the date of notice given pursuant to section 108; or
at the expiration of 5 years from the date of lodgment of the caveat.
Where, after notice given as in section 108 provided, the Registrar registers an instrument which does not exhaust the intended functions of a caveat, the caveat shall be deemed to have lapsed only to the extent necessary to permit such registration.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
Where a caveat has lapsed either wholly or partially, the Registrar shall enter in the land-register an appropriate notification of the lapsing.
The lapsing of a caveat upon the expiration of 5 years as aforesaid does not prevent the lodgment of a fresh caveat in the same matter either during the currency of an existing caveat or otherwise.[105