Leading Caveat Lodgement and Removal Lawyers

Have you found yourself in a situation where a lender, mortgage broker or aggrieved party has lodged a caveat over your property your home?

Or are you in a situation where you have to lodge a caveat over someone else’s property to secure payment of a debt or to protect your interest in the property?

At Green & Associates, we are experienced at both lodging caveats and protecting such interests as well as dealing with caveators to have caveats removed to enable you to regain control over your property.

Caveat Lodgement

Our caveat lawyers are highly knowledgeable in property and family law and will be able to provide you with accurate advice as to whether you have the necessary caveatable interest to be able to lodge a caveat over someone else’s property. We are also highly skilled in PEXA and will be able to generate and lodge your caveat electronically quickly and for a low cost. Should the property owner dispute the caveat, we are experienced at defending the continuing registration of caveats and can appear on your behalf in Court, if necessary, to defend a lapsing notice or an application for urgent caveat removal. 

Caveat Removal

Our caveat removal lawyers are adept at scrutinising the wording of agreements with lenders and brokers to determine whether such agreements actually give rise to the proper caveatable interest. Unless your agreement with the caveator has a ‘charging’ clause which grants the other party an interest in your property as security for performance of an obligation (i.e. repayment of a loan or procuring a letter of offer from a lender) then no caveatable interest arises and the caveator will be liable to you for loss or damage you suffer as a result of the caveat as per s 74P of the Real Property Act 1900 (NSW) (the Act). Our caveat removal lawyers are also highly knowledgeable in principles of property law to determine whether a spouse or a business partner (who may have an equitable interest in your property) has the correct caveatable interest in your property to allow the caveat to remain in place.

Caveats can be removed through three mechanisms:

1. The caveator agreeing to withdraw their caveat through the lodgement of a ‘withdrawal of caveat’ form via PEXA which can be achieved through negotiation with the other side;
2. The issuing of a ‘lapsing notice’ under s 74JJ of the Real Property Act which puts the onus on the caveator to successfully defend their caveat in the Supreme Court or else the caveat will lapse within 21 days of it being served on the caveator; and
3. An application the NSW Supreme Court for the caveat to be removed by court order under section 74MA of the Real Property Act which is used as a method last resort where the caveator will not agree to remove their caveat and the need to remove the caveat is particularly urgent (i.e. you need to sell or refinance the property). This option will involve having to brief a barrister to appear in court.

At Green & Associates, we are experienced in negotiating with caveators and can assist you in removing caveats and helping your re-take control of your property and finances. We understand how stressful and debilitating having a caveat over your property can be and we will work with you every step of the way to ensure that you obtain the best possible advice and obtain a favourable outcome.

We have successfully settled many caveat dispute matters and have developed our strategies to make the process as efficient and cost-effective for you as possible. No matter the case, our solicitors will ensure your interests are represented every step of the way.

Our wins in the caveat lodgement matters include:

1. Lodgement of caveat to secure an unpaid debt whereby we were able to prevent a property sales until the debt secured by the caveat was repaid;
2. Lodgement of caveat to secure an unpaid debt which we accompanied with the serving of a Statement of Claim which applied the necessary pressure on a debtor to repay their debt in full; and
3. Lodgement of caveat in protection of a client’s equitable interest in a property which had been purchased for him and his deceased partner under constructive trust. 

Our wins in caveat removal matters include:

1. Obtaining judgement against a mortgage broker who had lodged a caveat over our client’s property to secure a purported unpaid establishment fee which required the mortgage broker to immediately remove the caveat; and
2. Successfully negotiating with a lender to remove their caveat over our client’s property, which was causing loss and damage so as to allow our client’s refinance to proceed. 

When it comes to property disputes, don’t settle for second best — choose the caveat lawyers Sydney residents trust for all their property services. Contact us today.

Green & Associates Solicitors Experience and Success 

• In addition to the below, we successfully use caveats as contractual security interests for loans, professional fees, debt collection and property development matters;
• We are experts in successfully defending and prosecuting contested lapsing notices;
• We are experts in successfully appealing caveat disputes and setting new precedents in the Supreme Court, Court of Appeal;
• We have utilised caveats and urgent injunctive relief to stop unauthorised transfers of land and business assets

Obtained Financial Settlement against Negligent Conveyancer

In a case where a client had purchased residential property and received negligent advice from a conveyancer, we successfully obtained a substantial financial settlement. This outcome not only compensated our client for their losses but also highlighted the importance of holding professionals accountable for their actions.

Successful Resolution of Environmental Dispute Against Council

We represented a contractor in an environmental dispute against a local council. Through our legal advocacy, we achieved a favorable resolution for our client, demonstrating our commitment to protecting the rights of individuals and businesses.

Mediation for Tenant in Rental Arrears Dispute

We appeared in an OSBC Mediation on behalf of a tenant facing a rental arrears dispute. Our skilled representation and negotiation skills led to a successful resolution that addressed the concerns of both parties, avoiding protracted legal proceedings.

Drafted Deed of Access for Neighbouring Strata Schemes

We drafted and negotiated a Deed of Access between two neighbouring strata schemes to facilitate renovation works. This legal document provided a framework for cooperation and collaboration, ensuring that the renovation project could proceed smoothly and harmoniously.

At Green & Associates Solicitors, we act and advise on a wide range of matters. We provide in-house advice to sole traders and companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).

Contact us (02) 8080 7585 if you require support with any legal matters or legal advice.