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In forceAmended2020 Revised Edition

Part 12 · Caveats

127. Remedies of caveatee

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

At any time after the lodgment of a caveat, the caveatee may summon the caveator to attend before the court to show cause why the caveat should not be withdrawn or otherwise removed, and the court may make such order, whether in the absence of the caveator or otherwise, as seems just.

(2)

A caveatee who contends that a caveat has been lodged, or is being allowed to remain, vexatiously or frivolously or not in good faith, may lodge with the Registrar an application to that effect, whereupon the Registrar must give notice to the caveator that he or she intends to cancel the notification of the caveat, and the Registrar must cancel it unless within 30 days from the date of the service of the notice an order by the court to the contrary is served on the Registrar.

(3)

In any case in which the Registrar, after giving the notice under subsection (2) to the caveator, does not cancel the notification of a caveat under this section, the Registrar must inform the caveatee that the Registrar has withdrawn or extended the time of the notice of intended cancellation, as the case may be.

(4)

A caveator who has been given notice under subsection (2) may, at any time during the currency of the notice, apply to the court for relief, and the court may make such order in the premises as seems just.

(5)

Subsections (2), (3) and (4) apply only to caveats affecting registered land.

(6)

For the purposes of this section, a person claiming an estate or interest in the land under another caveat is deemed to be a caveatee.

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Part 13

Enforcement Orders and Orders of Court

Part 14

Restrictive Covenants

Part 15

Statutory Acquisition and Sale

Part 16

Powers of Attorney

Part 17

Rights and Remedies

Part 18

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Part 19

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