Withdrawal of Caveat (W1)

Section 191(1)(h) of the Real Property Act 1886 (SA) allows a caveator to withdraw their caveat at any time by written notice to the Registrar-General. The court can still order the caveator to pay costs the caveatee incurred before receiving notice of the withdrawal. The Registrar-General then enters the withdrawal in the Register Book (s 191(1)(i)). Form W1 is the approved form, with prefix WX for a full withdrawal and PX for a partial withdrawal. Unlike a removal of caveat, there is no 21-day notice period.

When you need it

• The claim the caveat protected has been satisfied, for example the purchase has settled or the loan has been repaid.
• The caveator agrees to release the caveat from part of the land, such as one allotment, while keeping it over the rest.
• The caveator wants to end a caveat over a subsidiary interest such as a mortgage or lease.

1. 1

   Caveat being withdrawn

   State the number of the caveat.

2. 2

   Land description

   Describe the land the caveat is withdrawn from: whole of the certificate of title or Crown lease, a portion identified by plan, or the subsidiary interest and the title it is registered on.

3. 3

   Caveator

   Give the caveator's full name and current address. If the name has changed, recite '[new name] of [address] registered as [old name] as a consequence of [reason]'.

4. 4

   Operative clause

   For a full withdrawal strike through the second clause. For a withdrawal as regards only the land described, strike through the first clause.

5. 5

   Date and certification

   Date the form and complete the certification on behalf of the caveator, deleting statements that do not apply. The fact sheet says a lawyer or conveyancer acting for the caveatee cannot certify a withdrawal.

• Withdrawals of caveat (prefix WX) executed on or after 3 August 2020, and partial withdrawals (PX) from 8 April 2024, must be lodged electronically through an Electronic Lodgement Network Operator unless an exemption applies. Exemptions include withdrawal from part of a title and multiple caveators not represented by a single subscriber.
• Self-represented caveators can lodge on paper with Land Services SA through the Face to Face service.
• Self-represented caveators must meet verification of identity, including certified ID and an authorised person certification (for example by a justice of the peace). The self-represented withdrawal checklist sets out the current fee and requirements.
• A registration fee applies. Check the checklist or Land Services SA's fee schedule.

• Check the caveat number on a current title search: titles can carry more than one caveat.
• Verification of Identity and Verification of Authority requirements must always be met for represented parties.
• If the caveator will not withdraw, the caveatee's options are Form RX or a court application (s 191(1)(d), (e)).