CAV-07 Caveats - Electronic Caveat Preparation

1. Electronic Caveats

This information aims to help industry professionals complete an electronic caveat lodged via an Electronic Network Lodgment Operator (ELNO).

The guide is intended as additional information to assist industry and is applicable for industry use only. For further detailed information on caveats for both industry and self-represented parties, please refer to CAV-01, CAV-02, CAV-03, CAV-04, CAV-05 and CAV-06 in the Land Titles Registration Policy and Procedure Guides.

2. Completing an electronic caveat form

2.1. Caveators

A caveator may be any party, including the registered proprietor, who claims an estate or interest in land. Each caveator must be specified using their full true and correct legal name.

2.2. Titles

Select the land title reference(s) affected by the caveat.

2.3. Extent

Select whether “whole” or “part” of the land in the caveat is affected. If part of the land, the land description must make reference to the hachured portion being caveated. A sketch showing the hachured portion should be uploaded and attached to the caveat prior to lodgement. A narrative description may be acceptable where the land being caveated is defined by permanent walls. For further detailed information on describing caveated areas please refer to Section 3 of CAV-04 in the Land Titles Registration Policy and Procedure Guides.

2.4. Registered Proprietors

Registered proprietors affected by this caveat

• All Registered Proprietors – select this option if the caveator intends to claim against all of the registered proprietors.
• Some of the Registered Proprietors – select this option if the caveator intends to claim against less than all the registered proprietors.
• Address – An address of the Registered Proprietor(s) must be stated. If the address stated differs to the Certificate of Title, notice will be served to both addresses.

2.5. Claim Category

A claim category is the evidence or instrument supporting the estate or interest claimed.

From the drop-down list, select the type of claim category being claimed. If the claim category is not shown in the drop-down list, then a Subscriber may select “other” and free-text the claim category.

For example –

• “lease dated 5 January 2019 made between the registered proprietor as lessor and the caveator as lessee”; or
• “statutory declaration dated 5 January 2021 made by the caveator”

2.6. Estate or interest claimed

If a set claim category has been selected, the estate and interest claimed will pre-populate.

If “other” has been selected the Subscriber will need to specify the estate or interest being claimed.

For example –

• “as beneficial co-owner”

Please refer to section 5 of “CAV-02 Further reading” in the Land Titles Registration Policy and Procedure Guides for further information on estate or interests claimed.

2.7. Further details supporting the claim (optional)

Additional information about the estate or interest claimed may be provided.

2.8. Add Claim Party

This is used to add other parties to the claim. This may include parties involved in the claim other than the Registered Proprietor or Caveator.

2.9. Date of interest claimed

Where there is a dated agreement or similar, specifies the date of the claim.

2.10. Extent of Prohibition

Select the extent of the prohibition from 3 options:

• Unless the instrument is expressed to be subject to the caveator’s claim
• Absolute
• Until after notice of any intended registration of dealing to be given to the caveator

2.11. Address for service of notice

A postal address (in Australia) or an email address for service of notices for the caveator must be stated. Only one postal address OR email address can be provided.

3. Attachments

Generally, evidence in support of the caveat claim does not have to be uploaded and attached prior to lodgement but must be retained by the Subscriber in accordance with the WA Participation Rules. Evidence should however be uploaded and attached in instances where the caveator wishes to provide evidence to demonstrate to the Registrar that s138B to s138D of the Transfer of Land Act 1893 may not apply.

Evidence uploaded and attached in support of a caveat claim will not be examined by the Registrar and the Registrar will not make a determination as to whether any attached evidence is appropriate or supports the caveator’s claim.

Where the caveat is over part of the land a sketch showing the hachured portion should be uploaded and attached to the caveat prior to lodgement. A narrative description may be acceptable where the land being caveated is defined by permanent walls. The Registrar will continue to examine sketches provided in support of a caveat. For further detailed information on describing caveated areas please refer to Section 3 of CAV-04 in the Land Titles Registration Policy and Procedure Guides.¹

¹Paragraph added 14/06/2021

4. Registrar's role in examining electronically lodged caveats

The role of the Registrar of Titles when completing a caveat lodged at Landgate is to ensure the caveat meets the requirements of form, record the caveat and give notice of the caveat to the registered proprietor and any judgment creditor (where applicable).

When lodging an electronic caveat, the Registrar will not examine the estate or interest claimed, the claim category or the evidence provided (if any) in support of the claim.

It is not the Registrar’s duty to determine the validity of the claim. The Registrar does not determine whether or not the particular claim made is a caveatable interest or that the evidence offered in support is sufficient to support that claim, or that the nature of the caveator’s claim is appropriate.

The correctness and validity of a caveator’s claim is for the caveator and, in appropriate cases, a Court to decide. Additionally, a Subscriber lodging an electronic caveat must make the following certifications:

1. The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.
2. The Certifier has retained the evidence supporting this Registry Instrument or Document.
3. The Certifier has taken reasonable steps to verify the identity of the caveator or his, her or its administrator or attorney.