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Caveats

Understanding Caveats in Queensland - Expert Legal Guidance

Here you will read all about caveats in Queensland. The term “caveat” comes from the Latin word meaning “let him beware”. It serves precisely that purpose in land dealings. A caveat is a formal notice to third parties that there is a claim to an interest in a property. 

At QBM Lawyers, our Gold Coast caveat lawyer specializes in the strategic use of caveats to protect your property interests.

What is a Caveat?

Gold Coast caveat lawyer, caveats in Queensland

A caveat is a legal warning that someone claims an interest in a property. It prevents the owner from selling or dealing with the property until the claim is resolved. However, lodging a caveat without reasonable cause can result in compensation claims, so it’s essential to understand both the benefits and risks.

When to Use a Caveat?

Caveats in Queensland are commonly used in situations where:

  • The property owner has granted a charge to the caveator, such as under a supply or finance agreement.
  • There are long-term sale contracts or options to purchase that need protection beyond a Priority Notice.
  • A third party has been promised some form of interest in the land.

Complexities of Caveats

Caveats are intended as temporary measures and usually remain effective for only three months after lodgement. Understanding the intricacies of caveats in Queensland is crucial:

  • Contract Caveat: A caveat claiming an interest as a buyer under a long-term contract lasts a maximum of three months unless it includes the owner’s consent at lodgement.
  • Financial Caveats: A caveat securing a sum of money, such as from a lender to a borrower, also lasts a maximum of three months, even with the owner’s consent.
  • Owner’s Caveats: Caveats lodged by property owners generally do not lapse.
  • Legal Action: If the Titles Office is notified of legal action to establish the caveat’s claim before it expires, the caveat usually remains effective.
  • Owner’s Response: Property owners receiving a caveat can demand that the caveator commence legal action to substantiate the claim, or they can initiate their own Supreme Court action to remove the caveat.
  • Second Caveats: A second caveat cannot be lodged on the same grounds as the first.

Expert Legal Assistance for Caveats in Queensland

Given these complexities, seeking advice from an experienced property lawyer is essential before lodging a caveat. At QBM Lawyers, our Gold Coast property lawyers can provide the expertise you need to navigate these issues effectively.

Contact Us

For specialist advice on lodging or removing a caveat, contact our team:

Peter Muller on 07 5574 0111 or peterm@qbmlaw.com.au or

Megan Hanneman at meganh@qbmlaw.com.au

Protect your property rights with the expert guidance of QBM Lawyers.

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