Law of Caveats - Book

Law of Caveats provides much-needed guidance on the law relating to caveats throughout Australia. The Torrens system of registered title operates throughout Australia and caveats are central to it, sitting at the heart of the statutes. Caveats provide protection to equitable interests in land within a system that supports the primacy of registered interests.

Lodgment of caveats is core work for any property lawyer, yet many practitioners do not understand the role, purpose and importance of caveats. While caveats are generally discussed in property texts, the Law of Caveats will be the only current Australian text focussing exclusively on this major area in property law.

This work provides the ‘life-cycle’ of caveats. Adopting a transaction-based structure, it explains what a caveat is, when it should be used, what interests in land are caveatable, how a caveat may be lodged or removed, and claims for compensation for wrongfully lodged caveats. It provides particular focus on  the question of what interests are caveatable as this is the most opaque and heavily litigated question.

Law of Caveats analyses the basic components of the law and, of real value to practitioners, it discusses the myriad grey areas which practitioners may encounter.

Providing coverage of all Australian jurisdictions, the work is written in an accessible style,  presenting clear, concise statements of the law followed by analysis and inter-jurisdictional comparisons.

It is sure to become a leading authority on the law relating to caveats in Australia.

Law of Caveats provides much-needed guidance on the law relating to caveats throughout Australia. The Torrens system of registered title operates throughout Australia and caveats are central to it, sitting at the heart of the statutes. Caveats provide protection to equitable interests in land within a system that supports the primacy of registered interests.

Lodgment of caveats is core work for any property lawyer, yet many practitioners do not understand the role, purpose and importance of caveats. While caveats are generally discussed in property texts, the Law of Caveats will be the only current Australian text focussing exclusively on this major area in property law.

This work provides the ‘life-cycle’ of caveats. Adopting a transaction-based structure, it explains what a caveat is, when it should be used, what interests in land are caveatable, how a caveat may be lodged or removed, and claims for compensation for wrongfully lodged caveats. It provides particular focus on  the question of what interests are caveatable as this is the most opaque and heavily litigated question.

Law of Caveats analyses the basic components of the law and, of real value to practitioners, it discusses the myriad grey areas which...