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When placing a caveat on a property, do I only have to provide proof of a caveatable interest if the caveat is challenged? Or do I have to provide proof when lodging the caveat?
Thanks
Sure, if you place an unwarranted caveat on a property and it ends up costing the owner (due to delayed settlement, unable to sell etc etc), the owner might just sue you (if they decide you have enough assets to justify the action).
If anyone can help me with how exactly to go about lodging one, that would be great!
Thanks
Generally only have to list the interest on the caveat with no proof required.
Be careful as it could be costly - supreme court action potentially so get legal advice.
Can you place a caveat on an unmortgaged property you own or your trust owns, so nobody tries to sell your property via identity theft (eg. a few year's ago African scammers sold some people's unmortgaged property who lived overseas).
Does lodging a caveat also make it look like there's money owning on the property & less likely for dodgy lawsuits being filed against someone who's property has lots of available equity?
Can you place a caveat on an unmortgaged property you own or your trust owns, so nobody tries to sell your property via identity theft (eg. a few year's ago African scammers sold some people's unmortgaged property who lived overseas).
Does lodging a caveat also make it look like there's money owning on the property & less likely for dodgy lawsuits being filed against someone who's property has lots of available equity?
there's a new product for this specific purpose, it's called a "Caveat (Improper Dealings)" and yes of course you should have it
Looks like this is only available on WA located property. It requires the caveators to attend the land titles office to remove, this way the land titles can do a physical ID check. Good idea, but could be very inconvenient if you are unable to attend.
I am not sure you could lodge a caveat over your own property. If you have legal title what would be the point of a caveat?
Looks like this is only available on WA located property. It requires the caveators to attend the land titles office to remove, this way the land titles can do a physical ID check. Good idea, but could be very inconvenient if you are unable to attend.
If it's owned in a trust, you wouldn't own the property but the legal owner would be he corporate trustee. My thinking was that you would be the beneficiary of the trust so you have an interest in the property therefore the caveat could protect your interest & also make the property a bit more secure from someone trying to sue & get the equity from that property. At least if they do a title search & see the caveat.
Sounds like something good if you have an unemcumbered property & are worried about something happening like in the past with those African scammers.