Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
122. Extension of caveats
Feedback & supportAt any time before a caveat has lapsed, a caveator may lodge an extension of caveat in the approved form claiming the same interest as that shown in the caveat and where such an extension of caveat has been lodged and notified in the land‑register, the caveat does not lapse until —
caveator
“caveator” means the person by whom or on whose behalf a caveat has been lodged;
the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the land‑register; or
where more than one extension of caveat has been lodged and notified on the land‑register before the expiration of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio.
Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.
land‑register
“land‑register” means the land‑register that is maintained under section 28;
The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.
The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.
This section 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.
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;
Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.
caveatee
“caveatee” means the proprietor or other owner of land described in a caveat and to whom notice of the caveat is required to be given;