Caveat Removal Victoria
SMR Legal is pleased to announce that we are now offering a new service – Caveat Removal and Withdrawal.
For more information please contact Alex Sheed-Finck or Nicole Demase and fill out the form located at caveatremoval.com.au to get the process started.
Caveat Removal Victoria can assist with both urgent and non-urgent removal of a caveat. An improper caveat lodged over your property can result in you losing a potential sale or failing to secure finance when you need it most. We are dedicated to achieving quick and cost effective means of removing improper caveats lodged on your title. The Transfer of Land Act 1958 allows any person to lodge a caveat claiming an equitable estate or interest in a registered proprietor’s land. Sometimes this process is abused by parties seeking to gain an improper advantage in a dispute. We will assist you to use either one of two mechanisms under the Transfer of Land Act 1958 to remove an improper caveat lodged on your title. Which mechanism we use depends upon the time-frame you have for its removal.
If settlement of a potential sale is likely to be held up due to an improper caveat or if you need finance to be secured against your property urgently, then our urgent caveat removal process may be right for you. Our urgent caveat removal process relies on section 90(3) of the Transfer of Land Act 1958. This process allows you to make an application to the Supreme Court of Victoria to have the caveat removed. We understand the mechanisms available to have the Victorian Supreme Court hear your case quickly and urgently should your circumstances require. Feel free to lodge your request with Melbourne Caveat Removal Victoria.
You should not let an improper caveat sit on your title. An improper caveat may delay you in the future if you want to sell your property or obtain finance. An improper caveat can also cause problems for the executors of your estate if you die where those executors may not fully understand the circumstances of the improper caveat as you do. Our non-urgent caveat removal process is an efficient and cost effective way of having a caveat removed. The non-urgent caveat removal process relies on section 89A of the Transfer of Land Act 1958. That process allows you to write to the Registrar of Titles seeking that the Registrar issue a notice to the caveator requiring them to give notice abandoning their claim or to commence legal proceedings to substantiate it. We understand how to see this process through efficiently and cost effectively.