Removal of Caveat (RX)

Section 191(1)(e) of the Real Property Act 1886 (SA) lets the caveatee (the registered proprietor, or holder of an interest, against whose title a caveat is lodged) apply in writing to the Registrar-General to remove the caveat. The application must give an address in South Australia for notices and proceedings. The Registrar-General then gives the caveator 21 days' written notice requiring the caveat to be withdrawn, and removes it once that time has passed (s 191(1)(f)) unless the court extends time on the caveator's application (s 191(1)(g)). This process is sometimes called 'warning' the caveat. It cannot be used against a caveat lodged by a settlor, by a beneficiary under a will or settlement, or by the Registrar-General under Part 19.

When you need it

• You are the registered proprietor (or one of them) and want a caveat on your title removed because you dispute the caveator's claim.
• The caveator will not sign a Withdrawal of Caveat (Form W1).
• The caveat is over a subsidiary interest you hold, such as a lease or mortgage.

1. 1

   Caveat and land

   State the number of the caveat. Describe the land as the whole or a portion of the certificate of title or Crown lease (for portion, by plan and parcel), or the subsidiary interest, for example 'Mortgage ... registered over the whole of CT Volume ... Folio ...'.

2. 2

   Applicant

   Give the applicant's full name and current address. If the name differs from the register, recite '[new name] of [address] registered as [old name] as a consequence of [reason]'. Land Services SA accepts this tie-up for removals without a prior change of name application, but the title is not updated.

3. 3

   Operative clause

   Delete 'the caveatee(s)' or 'one of the caveatees', whichever does not apply.

4. 4

   Address for service

   Insert an address within South Australia where notices and proceedings can be served on the applicant. This is a requirement of section 191(1)(e).

5. 5

   Date and certification

   Date the form and complete the certification, deleting statements that do not apply. Self-represented applicants make only the two certifications about retaining evidence and correctness.

• Removals of caveat (prefix RX) executed on or after 8 April 2024 must be lodged electronically through an Electronic Lodgement Network Operator. Paper is accepted under an approved exemption, such as a removal over part of the land, or from a self-represented party.
• Paper removals of caveat must be lodged in person at the Land Services SA counter, Level 9, 101 Grenfell Street, Adelaide, or by post for regional and interstate clients. They must not go in the Drop and Go chute.
• Self-represented applicants must meet verification of identity (with an authorised person certification, for example by a justice of the peace) and verification of authority (two documents such as council rates and a utility bill). The self-represented checklist lists what to include and the current fee.
• Once lodged, Land Services SA sends notice to the caveator at the address in the caveat, and the caveat is removed 21 days after posting unless a court order extending time is served on the Registrar-General.

• Be prepared for court: the caveator can seek an extension of time in the Supreme Court or District Court and bring an action to establish the claim (s 191(1)(fa), (g)).
• Anyone with an interest can instead summon the caveator to court to show cause why the caveat should not be removed (s 191(1)(d)).
• Do not confuse removal (RX, by the caveatee) with withdrawal (W1, by the caveator).