Lodgment of caveats against primary applications
74B Lodgment of caveats against primary applications
A person who claims a legal or equitable estate or interest in land that is the subject of a primary application, or in any part of any such land, may, at any time before a folio of the Register is created for that land or part under section 17 (2), lodge with the Registrar-General a caveat prohibiting the bringing of that land or part under the provisions of this Act.
A caveat lodged under subsection (1) must—
be in the approved form,
specify the following—
the name of the caveator,
an address for the caveator,
an address at which notices may be served on the caveator,
the prescribed particulars of the estate or interest to which the caveator claims to be entitled,
if the caveat relates only to part of the land that is the subject of the primary application—a description that enables the part to be identified,
be verified by statutory declaration or, in the case of a caveat lodged electronically, be verified in a way approved by the Registrar-General, and
be signed by the caveator or by a solicitor or other agent of the caveator.
On the lodgment of a caveat under subsection (1), the Registrar-General shall give notice in writing of the lodgment of the caveat to the primary applicant in relation to whose application the caveat has been lodged.
The address provided under subsection (2)(b)(iii) for the service of notices must—
be an address in Australia, or
if the regulations provide that notices under this section may be served electronically—comply with requirements prescribed by the regulations.
This provision refers to the regulations (prescribed particulars
, the regulations
, prescribed by the regulations
). Made under this Act:
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