Caveat (C1)

Section 191 of the Real Property Act 1886 (SA) lets a person claiming an interest in land, at law or in equity, lodge a caveat. A caveat can either forbid registration of any instrument dealing with the land absolutely, or permit registration only subject to the caveator's claim (s 191(1)(a)). It must be in the appropriate form (Form C1), be executed by the caveator or their agent, and contain an address in South Australia for notices and proceedings (s 191(1)(ac)). Once it is received, the Registrar-General notes it on the Register Book and posts a notice to the registered proprietor (s 191(1)(b)). Every instrument also needs the certifications required by section 273.

When you need it

• You have an interest in land that is not registered, for example as a purchaser under a contract, a beneficiary or settlor, a lender with an agreement to give a mortgage, or under an unregistered instrument (s 191(1)).
• You want to stop the registered proprietor dealing with the land until your claim is resolved (absolute caveat), or you are content for dealings to be registered subject to your claim (permissive caveat).
• The interest is over freehold or Crown leasehold land (prefix X) or over a subsidiary interest such as a registered lease (prefix X2).

1. 1

   Describe the land

   Say whether the caveat is over the whole or part of the land in the certificate of title or Crown lease, for example 'Whole of the land in CT Volume ... Folio ...'. For part, identify it by plan and parcel. For a subsidiary interest, describe it, for example the mortgage number and the title it is registered on.

2. 2

   Name the caveator and caveatee

   Give the full name and address of the caveator (the person lodging) and the full name and current address of the caveatee (the registered proprietor). If the caveatee's name has changed, include a tie-up such as '[new name] registered as [old name] as a consequence of [reason]'.

3. 3

   State the claim and its grounds

   In 'The caveator claiming', state the nature and quantum of the estate or interest claimed and the grounds it is based on. Land Services SA's guidance notes say a caveat that only claims 'an estate or interest in land' will be rejected.

4. 4

   Choose the operative clause

   For an absolute caveat, delete the permits clause. For a permissive caveat, delete the forbids clause and then delete whichever of (a) subject to the claim, or (b) subject to the claim and only with the caveator's written consent, does not apply.

5. 5

   Address for service, date and certification

   Insert an address within South Australia for service of notices and proceedings, date the form, and complete the certification. A lawyer or registered conveyancer makes all the certifications; a self-represented caveator makes only those about retaining evidence and the document being correct and compliant. Delete any that do not apply. An attorney or body corporate cannot certify.

• Caveats are on the Registrar-General's list of dealings that must be lodged electronically through an Electronic Lodgement Network Operator (mandated from 3 August 2020). A paper lodgement channel remains available for self-represented parties.
• Paper documents are lodged at Land Services SA's premises. Members of the public use the Face to Face service, where fees can be paid by cash, cheque or card.
• A registration fee applies. Land Services SA's self-represented caveat checklist sets out the current fee and what must be included, including verification of identity and an authorised person certification (for example by a justice of the peace).
• Use an approved annexure sheet (Form B1) if a panel runs out of space, attached to the top left corner and not bound.

• Lodging a caveat wrongfully and without reasonable cause, or refusing to withdraw one, can make the caveator liable to compensate anyone who suffers damage (s 191(1)(j)).
• The registered proprietor can apply to the Registrar-General to remove the caveat. The Registrar-General then gives the caveator 21 days' written notice, after which the caveat is removed unless the court extends time (s 191(1)(e), (f), (g)). Be ready to start court proceedings to establish the claim (s 191(1)(fa)).
• You cannot lodge a further caveat about the same matter without the court's permission (s 191(1)(k)).
• A caveat does not stop registration of an instrument that was lodged for registration before the caveat (s 191(1)(c)).