Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
117. Notification of caveats
Feedback & supportLast amended by an amending law of 2014.
Where the particulars of a caveat have been provisionally entered in the Caveat Index or a folio or both, and the caveat is subsequently accepted by the Registrar as being in order for notification, the Registrar must —
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
if the caveat relates to land not yet brought under the provisions of this Act — expeditiously sign and date the entry of the particulars of the caveat in the Caveat Index;
if the caveat relates to a manual folio — expeditiously sign and date the entry of the particulars of the caveat in the folio;
if the caveat relates to a computer folio — date the entry of the particulars thereof in the Caveat Index and in the computer folio,and notify the caveatee that the caveat has been lodged and accepted by the Registrar.
When any land specified in a caveat which has been notified in the Caveat Index is brought under the provisions of this Act and the caveat is notified in the land-register, the Registrar must as soon as practicable make the appropriate entry in the Caveat Index to indicate clearly the folio created for the land.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
If upon investigation it is found that a caveat does not comply with the requirements of this Act, the Registrar must give notice to the caveator of the matters in respect of which it is deficient, and if, within a period of not less than 14 days from the date of the service of the notice, the caveat is not rectified, it is deemed to have been withdrawn.
The Registrar must cancel the entry of the notification of a caveat mentioned in subsection (3) in the Caveat Index or the land‑register, as the case may be.
land‑register
“land‑register” means the land‑register that is maintained under section 28;
The Registrar need not be concerned to consider whether or not a caveator’s claim is justified.
caveator
“caveator” means the person by whom or on whose behalf a caveat has been lodged;