The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
1 Verification of Identity
The caveator in an application will be subject to the Verification of Identity process as of 5 June 2018. This process is completed by Australia Post for self-represented parties. Refer to the Australia Post website to complete your verification of identity. For information regarding the Verification of Identity Practice refer to Verification of Identity webpage on the Landgate website.
[1 New paragraph added on 06/08/2018]
Mandated Electronic Lodgement of Withdrawal of Caveats
As of 1 December 2018, all eligible, stand-alone withdrawal of caveat and any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats must be lodged electronically, as per the Transfer of Land Regulations 2004.
A self-represented party (someone who has not engaged an industry professional to prepare and lodge the caveat) may be eligible to lodge a withdrawal of caveat in paper. For further information, please refer to ELE-01 Electronic Conveyancing or contact Landgate’s Customer Service team on +61 (0)8 9273 7373 or email customerservice@landgate.wa.gov.au.
1. What do I need for the Withdrawal of Caveat?
- Title Search (recommended) - used to complete the caveat form
- Forms - caveat form Withdrawal of caveat/Application (21 days) to remove caveat
- Any evidence to support the removal (including original statutory declarations if required)
- Registration fees payable to Landgate
1.1. Title Search – a copy of the current Original Certificate of Title
A records of certificate of title search is recommended, but not compulsory, as the search provides you with a complete up to date view of the current ownership and legal property details.
1.2. Withdrawal of Caveat form
Withdrawal of Caveat forms are available from a Landgate office or online from the Landgate Website.
Withdrawal of Caveat W1 can be lodged electronically.
See requirements to format in the Document Preparation section.
2. Preparing the Withdrawal of Caveat form
In addition to the below information, please refer to: DOC-01 Document Preparation.
2.1. Description of Land/Extent
Over Whole
As per the standard document preparation guide
Over Part
A part of a caveat can be removed where it is followed by a subdivision. The portion(s) must be clearly defined on an Interest Only Deposited Plan.
Where the portion is over portion of the land, the ‘Extent’ panel should state ‘Part’.
Over an Interest
Where the interest claimed is against a mortgage, lease or charge, the appropriate words "as to …." must precede the land description.
For example, in the case of a mortgage, the words "as to mortgage F123456" must precede the land description.
2.2. Volume / Folio
As per the standard document preparation guide
2.3. Caveator
The true name of the caveator must be stated.
The Caveator is not required to include:
- their address
- their status, such as ‘As Trustee for….’. However, they can include ‘trading as ….’ or ‘as the partners of ….’.
2.4. Caveat Number
The caveat number as shown on the certificate of title must be clearly stated, N123456 or year document 152/1952.
2.5. Whole or Part of the of the Land in the Caveat
Where the whole of the interest in the caveat is being removed this panel should state ‘Whole’. Where only portion of the part caveat is being removed, this panel can state ‘Part’.
Note: Care must be taken, as any ambiguity will result in the document being requisitioned.
2.6. Who can sign the Withdrawal Caveat?
The withdrawal of caveat document must normally be signed by the Caveator or by their duly appointed representative i.e. their attorney appointed in a Power of Attorney.
The exception to this is where a caveat has been lodged by a purchaser pursuant to a sale of land on terms and a transfer of the same land to the caveator is being lodged, it is permissible for the solicitor lodging the transfer to sign the withdrawal on behalf of the caveator, provided the transfer and withdrawal of caveat are lodged together.
In these cases, the withdrawal should be drawn in the name of the caveator and the attestation should indicate that the solicitor signs as solicitor for the caveator. The signature of the solicitor must be witnessed in the usual manner.
See also: SIG-01 Signing of Documents.
3. Lodging the withdrawal of Caveat
Each interest being removed incurs a standard lodgement fee.
4. Preparing the Application to Remove Caveat form
In addition to the below information please refer to:
See also: DOC-01 Document Preparation.
4.1. Application to Remove Caveat form
Application (21 days) to remove caveat forms are available from a Landgate office or online from the Landgate Website.
See requirements to format in the Document Preparation section.
4.2. Description of Land / Extent
Over Whole or Part
The removal of a caveat using this method will result of the whole caveat being removed from the certificate of title.
Where the caveat encumbers more than one certificate of tile, the application can list more than one property.
Over an Interest
Where the interest claimed is against a mortgage, lease or charge the appropriate words "as to …." Must precede the land description.
For example, in the case of a mortgage the words "as to mortgage F123456" must precede the land description.
4.3. Volume/Folio
As per the standard document preparation guide
4.4. Applicant
The Applicant is the registered proprietor of the land affected by the caveat. The Applicant must also state their address for service of notice.
Where the Applicant is the Mortgagee in Possession, they must make the application in the name of the registered proprietor of the land affected by the caveat, but signed by the mortgagee under its power to dispose of ownership pursuant to s.108 of the TLA. The application is to be accompanied by a statutory declaration
For example: ‘Commonwealth Bank of Australia (ACN….) of … for and on behalf of … as Mortgagee in Possession’
4.5. Reason for Application
The only element required for this panel is the caveat number as shown on the certificate of title must be clearly stated, N123456 or year document 152/1952.
Note: Only ONE caveat can be removed using this Form. Where the Registered Proprietor wishes/needs to remove multiple caveats, separate forms must be used.
4.6. Who can sign the Application?
The Application is normally signed by the registered proprietor of the land against which the caveat is lodged or by his or their duly appointed representative i.e. their attorney appointed in a Power of Attorney.
Where the application is made by the Mortgagee in Possession the application is normally signed by the Mortgagee’s representative under Power of Attorney.