Home » Services » Perth Property Lawyers » Caveat

Caveat Lawyer Perth

Perth Property Lawyers

Whether you need your contract, lease, mortgage or charge prepared from scratch, or you already have one signed, we confirm your caveatable interest and lodge your caveat - for a fixed fee, with no surprises.

Check if we can help

See our packages

START HERE

Can we help with your caveat?

We only act on caveats where there is or will be a signed document to establish the caveator's interest in the property.

Purchaser

You're buying a property and hold a signed contract for sale.

Lessee

You're leasing a commercial property and hold or will hold a lease as a tenant.

Lender

You are lending money and would like to take security over the borrower's property.

Vendor

You are selling a property or a business under a contract and are owed unpaid purchase money.

Chargeholder

You hold or will hold a charge under a legal document signed by the owner.

Executor/Administrator

You're acting for an estate that holds a caveatable interest under a document signed before death.

For informal or disputed interests, we'd recommend a lawyer who handles contested property claims.

HOW IT WORKS

Three simple steps

Whether you need your document prepared from scratch or if you already have one signed, we handle the caveat either way.

1. Send us your details

Tell us your arrangement and whether you need us to prepare your contract, lease, mortgage or charge - or you already have one signed.

2. We confirm your interest

We prepare or review the document as needed, then confirm your caveatable interest.

3. We lodge with Landgate

We prepare and lodge your caveat, confirm registration, and advise on withdrawal once the matter resolves.

Caveat packages

Each package is priced as a fixed fee, agreed upfront and matched to the document behind your interest - so there are no surprises

Purchaser Package

For purchasers of real property

Preparation or review of your contract for sale
Confirmation of your caveatable interest
Preparation and lodgement of your caveat
Advice on withdrawal at settlement

Get a Quote

Lessee Package

For Commercial Tenants

Preparation or review of your commercial or retail lease
Confirmation of your caveatable interest
Preparation and lodgement of your caveat
Advice on withdrawal at lease end

Get a Quote

Lender Package

For Lenders of Personal Loans

Preparation or review of your Loan Agreement
Confirmation of your caveatable interest
Preparation and lodgement of your caveat
Advice on withdrawal once loan is repaid

Get a Quote

Vendor Finance Package

For Vendor Finance Lenders

Review or prepare vendor finance contract for sale of business or property
Confirmation of your charge securing unpaid purchase money
Preparation and lodgement of your caveat
Advice on withdrawal once paid

Get a Quote

Chargeholder Package

For Chargeholders

Preparation or review of your charge document or security deed
Confirmation of your caveatable interest
Preparation and lodgement of your caveat
Advice on withdrawal once resolved

Get a Quote

Executor/Administrator Package

For Deceased Estates

Review of the signed document held by the estate
Confirmation of the estate's caveatable interest
Preparation and lodgement of your caveat
Advice on withdrawal once the matter resolves

Get a Quote

FAQs

What is a caveat?

Caveat means ‘generally a caution or warning. Caveats lodged under the TLA have a twofold effect until removed. These are:

a warning to a person searching the Register of an outstanding equity claimed by the caveator against any land lease mortgage or charge; and
a caveat acts as a statutory injunction preventing the Registrar from registering any instrument either absolutely, or until after notice of the intended registration or dealing be given to the caveator, or unless such instrument be expressed to be subject to the claim of the caveator (the latter being commonly called a subject to claim caveat).’ (from Landgate website)

Who can lodge a caveat?

There are various types of caveats under the Transfer of Land Act 1893, and one must satisfy its provisions to successfully lodge a caveat.

Some common reasons why one might lodge a caveat are:

Loans– if the borrower has provided the property as a charge under a loan to the lender.
Contracts– some contracts permit one party to place a charge against the other party’s property as a security, or the nature of it creates a proprietary interest by one party against the other’s property
Contract for the Sale of Land – where the parties have entered into an agreement for the sale of land, the buyer may have a proprietary interest in the property
Equitable interest created by a mortgage
To protect a trust created in a will

What do I need to consider before I register a caveat?

Before you register a caveat, it is imperative to assess whether you may have a proprietary interest in the land – also known as caveatable interest. Wrongful lodgement of a caveat could result in losses by the registered owner which entitles them to seek damages. Other considerations include:

Legal fees if the caveat is disputed
Liability for damages if the caveat is wrongfully lodged
Impact of the caveat on existing working relationships

What is the cost of registering a caveat?

WHAT OUR CLIENTS SAY

Denise Chapman

8 months ago

Found these guys online not too far from me. So happy I did! Needed a Sale doc and Lease fairly urgently and David Shi was...

Carren Jill

3 months ago

David from West Perth Legal provided legal advice throughout the purchase of our SMSF investment property. He guided us through the entire process, explained everything...

Sarah Sneeden

8 months ago

I recently worked with David at West Perth Legal to complete my will, and the experience was seamless. This was my first time drafting a...

Diane Johnson

6 months ago

I had a great experience working with this firm. Their advice was clear, practical, and gave me real confidence in my situation. They were highly...

Kara

7 months ago

We had a great experience working with David and the West Perth Legal team. David was incredibly responsive, knowledgeable and clear about what was required...