Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
121. Lapsing of caveats
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A caveat lapses and ceases to affect 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;
at the expiration of the period of 30 days (or of such further period as the court may direct) from the date of the service of the notice given under section 120; or
at the expiration of 5 years from the date of the lodgment of the caveat, or where an extension is validly claimed under section 122, at the expiration of each further 5‑year period mentioned in section 122.
Where a dealing in favour of the caveator is lodged and accepted by the Registrar, and the caveator states either personally or by the caveator’s solicitor or attorney that the interest in the land affected under the dealing is similar to that in the caveat, the dealing may be registered by the Registrar, and upon its registration, the related caveat lapses and ceases to have any effect.
dealing
“dealing” means any instrument other than a certificate of title or caveat which is registrable or capable of being made registrable under the provisions of this Act or in respect of which any entry or notification in the land‑register is by this Act required or permitted to be made;
Despite the absence of any statement made by the caveator or by the caveator’s solicitor or attorney that the caveator’s interest is similar to that affected under the dealing as provided in subsection (2), the Registrar may register the dealing under the following circumstances:
caveator
“caveator” means the person by whom or on whose behalf a caveat has been lodged;
in the case of a dealing disposing of an estate or interest in land — if the Registrar is satisfied that the estate or interest to which the caveator claims to be entitled would, on the dealing being registered, vest wholly in the caveator;
in the case of an instrument of mortgage or charge — if the Registrar is satisfied that the estate or interest which the caveator claims as mortgagee or chargee is one and the same interest mortgaged or charged in the instrument of mortgage or charge and the caveator may be registered as the mortgagee or chargee.
Where, after effecting service of a notice of the intention to register a dealing in accordance with section 120(1), the Registrar registers the dealing that does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates or exhaust the intended functions of the caveat, the caveat is deemed to have lapsed only to the extent necessary to permit the registration.
Where a caveat has lapsed either wholly or partially, the Registrar must enter in the Caveat Index or the land‑register (as the case may be) an appropriate notification of the lapsing.
land‑register
“land‑register” means the land‑register that is maintained under section 28;
The lapsing of a caveat under subsection (1) does not prevent the lodgment of a fresh caveat in respect of the same matter.
Where a caveat has lapsed under subsection (1)(a), any further caveat lodged in respect of the same estate or interest in land claimed under that lapsed caveat and purporting to be based on the same facts as the lapsed caveat (other than a fresh caveat lodged against any person except the caveatee named in the lapsed caveat) has no effect unless the caveator has obtained permission of the court to lodge the further caveat, and that order or a duly certified copy of that order has to accompany the further caveat when it is lodged with the Registrar.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
The Registrar need not be concerned with the validity of the further caveat mentioned in subsection (7) and if such further caveat is lodged without being accompanied by the order as mentioned in that subsection, the caveator is liable to pay compensation to any person who sustains pecuniary loss that is attributable to such an act or omission in complying with that subsection.
Subsection (1)(b) also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.
The Registrar may, after registering the dealing under subsection (3)(a) or (b), cancel the caveat.