Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
118. Caveats lodged before initial registration
Feedback & supportBefore bringing land under the provisions of this Act, the Registrar must cause a search to be made for caveats in the Caveat Index, and upon creating a folio for that land must notify thereon any caveat appearing from the search to affect it.
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;
In the case of a primary application or of an application for cancellation of a caution, the Registrar may, before giving effect to the application, require the applicant to get in, or otherwise to dispose of, the interest claimed under any inconsistent caveat.