Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
119. Effect of caveats
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Subject to subsections (2) and (3), a caveat which is in order for notification in the land-register at the date of its lodgment takes effect from that date.
Where a caveat is lodged against any land which has not yet been brought under the provisions of this Act, that caveat does not operate to prohibit the registration of dealings affecting that land until it becomes registered 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;
For the purposes of according priority to a caveat which has been lodged under the provisions of this Act and is amended subsequent to its date of lodgment —
where it is materially amended subsequent to its date of notification in the Caveat Index before the land becomes registered land, the caveat has priority in accordance with section 48 upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117; or
where it is materially amended at any time after its lodgment against the relevant folio, the caveat has priority upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117.
Except as otherwise provided for in section 129(1), the Registrar must not register any dealing which is prohibited by the caveat for so long as the caveat remains effective.