124. Order for security, etc.

In any proceedings in respect of a caveat, the court may —

(a)

order that the caveator give an undertaking or security that the court considers sufficient to indemnify every person against any damage that may be sustained by reason of any disposition of the property being delayed or to answer the costs of the caveatee;

(b)

direct the Registrar to delay registering any instrument dealing with the land, mortgage or encumbrance during the time the order of the court provides;

(c)

direct the caveator to take further proceedings by action or otherwise on the caveator’s caveat; or

(d)

make any other order considered just.

Terms defined in this Act

caveatee
Defined · s 4
“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;
Open s 4
caveator
Defined · s 4
“caveator” means the person by whom or on whose behalf a caveat has been lodged;
Open s 4
dealing
Defined · s 4
“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;
Open s 4
instrument
Defined · s 4
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
Open s 4
land
Defined · s 4
“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;
Open s 4
order
Defined · s 131
“order” includes any rule or decree of any court;
Open s 131
Registrar
Defined · s 4
“Registrar” means the Registrar of Titles appointed under section 5;
Open s 4

Report

Read on from s 125

Part 13

Enforcement Orders and Orders of Court

Read on from Part 13

Part 14

Restrictive Covenants

Read on from Part 14

Part 15

Statutory Acquisition and Sale

Read on from Part 15

Part 16

Powers of Attorney

Read on from Part 16

Part 17

Rights and Remedies

Read on from Part 17

Part 18

Searches and Certified Copies

Read on from Part 18

Part 19

Miscellaneous

Read on from Part 19