How do I remove a caveat in Victoria?
A caveat is a notice on a property title that warns others someone claims an interest in the land, and it can hold up a sale or refinance. In Victoria there are a few ways to remove one — by agreement, by a lapsing notice, or through the Supreme Court. Here's how it works.
Withdrawal by the caveator
The simplest way is for the person who lodged the caveat (the caveator) to withdraw it, often once the underlying issue is resolved or by agreement.
Lapsing notice
As the registered owner you can serve a lapsing notice through Land Use Victoria. The caveator then has a limited time to go to court to support the caveat, or it lapses and is removed.
Application to the Supreme Court
You can also apply to the Supreme Court of Victoria for an order removing a caveat that has no proper basis. Costs can follow if a caveat was lodged without reasonable cause.
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This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.