8. Caveats
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Subject to this section and the rules, a caveat in respect of any land may be —
given by the proprietor of the land for any estate or interest therein in favour of any person named in the caveat; or
lodged by any person claiming an estate or interest in the land.
Such a caveat must contain the following particulars:
the names of the caveator and the caveatee and their addresses for the service of notices under this Act;
a description of the estate or interest in the land given to or claimed by the caveator and, if the caveator is the purchaser or sub-purchaser of the estate or interest claimed in the caveat, the amount of the purchase price and the date of the caveator’s contract or the date on which the caveator exercised the option to purchase the interest in the land, as the case may be.
Where a part of a Government survey lot is affected, the caveat must have a plan annexed edging with sufficient identity that part of the lot affected.
The Registrar must not register a caveat which —
Registrar
“Registrar” means the Registrar of Deeds and includes any Deputy Registrar of Deeds appointed under this Act;
does not disclose any estate or interest in land; or
does not state the Government survey lot number maintained in the records of the Chief Surveyor or, in the case where a part of a Government survey lot is affected, does not state that part of the existing lot and does not clearly identify that part of the lot in one or more plans annexed to the caveat.
Where, after the acceptance of any caveat for provisional registration, the Registrar discovers that the caveat does not comply with any of the requirements under this section or the rules, the Registrar may cancel the provisional registration.
Despite subsections (4) and (5), the Registrar must not be concerned to consider whether or not a caveator’s claim is justified.
caveator
“caveator” means —(a)a person who has been given an estate or interest in any land by the proprietor of the land; or(b)a person who claims an estate or interest in any land;
Where a caveat is lodged by a person claiming an estate or interest in land or by the person’s solicitor or agent, the person must serve a notice by registered post on the proprietor of the land and all persons who have prior claims as shown in the register, and the Registrar must not be concerned to inquire whether or not the notice has been effected.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below the surface 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 use and enjoyment of the proprietor, 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 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;
If within the period during which a caveat remains in force any subsequent assurance made or executed —
assurance
“assurance” includes any conveyance, memorandum of charge or discharge, deed of consent to the discharge of a trustee, private Act, order of court or certificate of appointment of trustee in bankruptcy;
in favour of —
the person to whom a caveat has been granted under subsection (1)(a); or
the person who has lodged a caveat under subsection (1)(b); and
conveying the same estate or interest protected by and so described in the subsisting caveat is presented and accepted for registration,that assurance when registered has priority as though it had been registered on the date the caveat was registered and that date is deemed to be the date of registration of the assurance for all purposes and to have been substituted in all certificates and other instruments for the date on which the assurance was actually presented for enrolment accordingly.
A caveat registered under this Act is, unless withdrawn by the caveator or cancelled by an order of court, in force for a period of 5 years.
order of court
“order of court” means any judgment, decree, writ of execution or sequestration, adjudication in bankruptcy or other order or process of or issuing from that court or other court of competent jurisdiction whereby any interest in any land is or may be affected;