Preparation & lodgement of caveats, transmissions & private mortgages

If you need help preparing and lodging a caveat, we may be able to save you substantial amounts of administration, time and stress.

The paperwork and time required to fully understand the preparation and lodgement of caveats, transmissions and private mortgages can be overwhelming so why not ask for assistance and make the process as smooth as possible?

What Is A Caveat?

Within real estate, a caveat alerts prospective purchasers or mortgagees proposing to deal in the land, that a third person has some right or interest in the land.

Generally, the third person is the person who is lodging the caveat at the Titles Office.

We can help you by arranging the registration of a caveat on your behalf, if you believe you have a legal interest in a property but are not registered on the title. 

What are private mortgages?

With the economic crisis, less traditional, alternative financial platforms have been used by investors to generate returns. The growth of private mortgages comes directly as a result of this and Bernie Flood Property Conveyancers are able to help you to fully protect yourself.

If you lend monies to a party specifically related to real property, we’ll help to assist you with the necessary processes and paperwork required to register the interest against the property.

You’ll not only be protecting the private mortgage itself but also the discharge of the same once full payment has been made.

What type of claims can a caveat be lodged for?

In South Australia, the most common types of caveats are those for:

• Second (unregistered) mortgages
• Unregistered leases
• When a party to a relationship claims to have contributed to the land
• Caveats by authorities; ie: unpaid taxes
• People potentially wanting to purchase the land

South Australia is relatively strict in its limitations and restrictions on caveats; it is not sufficient for one person to simply owe another money.

A real connection to the land must be proven.

A copy of your caveat

It’s really important to have a copy of your caveat stored as reference and for your records. You can obtain this from the Lands Titles Office.

As Property Conveyancers, we are able to help you to search for copies of caveats as well as ensuring that you have a full understanding of your position and whether you may require ongoing assistance in dealing with the processes involved.