Caveats

Caveats are generally temporary in nature and, in many cases, lapse three months after lodgement unless further action is taken. It is important to understand how different types of caveats operate in Queensland:

• Contract caveats. A caveat lodged by a purchaser under a contract will generally lapse after three months unless the owner consents to its earlier lodgement
• Financial caveats. A caveat securing a debt, such as under a loan, will generally lapse after three months, even if the owner consents
• Owner’s caveats. Caveats lodged by registered owners do not generally lapse in the same way
• Legal action. If proceedings are commenced to establish the claimed interest before the caveat lapses, the caveat may remain in place pending the outcome
• Owner’s response. A property owner may require the caveator to commence proceedings to substantiate the claim or apply to the Supreme Court to have the caveat removed
• Second caveats. A further caveat cannot be lodged on the same grounds as an earlier caveat

Expert legal assistance for caveats in Queensland

Given the legal consequences of lodging a caveat, advice should be obtained before taking action. QBM Lawyers advise on the lodgement, enforcement and removal of caveats and assist clients in managing associated risks.

Contact QBM Lawyers

For advice on lodging or removing a caveat, please contact Peter Muller on 07 5574 0575 or peterm@qbmlaw.com.au, or Megan Hanneman at meganh@qbmlaw.com.au.