Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
126. Withdrawal of caveats
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A caveat may be withdrawn either wholly or as to part of the land thereby affected by an instrument of withdrawal signed —
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;
by the caveator or the caveator’s authorised agent including a solicitor acting on the caveator’s behalf;
where the caveator is a natural person who has died, by his or her personal representative or the trustee of the caveator’s estate;
where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;
where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;
where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —
by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).
The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.
An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.
instrument
“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;