Caveats on Property
What a caveat does, when you can lodge one, and how to remove one
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A caveat is a warning on the title. It tells anyone searching the register that someone claims an interest in the land, and it stops most dealings being registered until the claim is dealt with. A caveat can protect a buyer or lender, but one lodged against you can stall a sale or a refinance.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on property in every Australian state and territory.

Call us about a caveat
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Who can lodge a caveat
Only someone with a genuine interest in the land. Common examples:
- A buyer who has exchanged contracts but not yet settled
- A lender under an unregistered mortgage or a loan agreement that charges the land
- A person with an option to buy, or an interest under a trust or family arrangement
- A party to a co-ownership or joint venture agreement that gives an interest in the land
An unpaid debt on its own is usually not enough. Lodging a caveat without reasonable cause can expose the caveator to a claim for compensation.
How a caveat affects a sale or refinance
A caveat usually prevents a transfer or a new mortgage from being registered. A buyer's lawyer will find it in the title search, and settlement cannot proceed until it is withdrawn or removed. If you are selling, deal with any caveat early, not in the days before settlement.
Removing a caveat
- Ask for it to be withdrawn. Often the quickest route, especially if the claim has been paid or resolved.
- Lapsing notice. In NSW, the owner can apply for a lapsing notice to be served. The caveator then usually has 21 days to obtain a court order extending the caveat, or it lapses. Other states have their own lapsing procedures and timeframes.
- Court order. The owner can apply to the Supreme Court for the caveat to be removed, and may claim compensation where it was lodged without reasonable cause.
Lodging a caveat to protect yourself
If you have an interest that is not registered, a caveat may protect it against a sale or mortgage you do not know about. It has to be prepared correctly, describe the interest accurately and be lodged with the land registry in the right state.
What clients say
“He represented me through a time-sensitive property purchase and was exceptional from start to finish.”
Jarrod Oliver, Google review
Questions about caveats
What is a caveat on property?
A notice on the title register that someone claims an interest in the land. It usually stops other dealings being registered until it is removed.
Can a caveat stop a sale?
Yes. A transfer generally cannot be registered while a caveat is on the title, so it needs to be withdrawn or removed before settlement.
How do I remove a caveat in NSW?
Ask the caveator to withdraw it, apply for a lapsing notice, or apply to the Supreme Court. After a lapsing notice the caveator usually has 21 days to get a court order.
Can I lodge a caveat for an unpaid debt?
Usually not. You need an interest in the land itself, such as under a contract, mortgage or agreement that charges the land.
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