A client of ours recently approached us in relation to a caveat that a former business partner had lodged on his property.
Our client is a property developer, and the former business partner, the caveator, asserted an interest in the land owned by our client.
The land owned by our client was a property development site for a set of units, but the building was not yet complete. Several units had already been sold “off the plan” however. The caveat would have a significant impact on our client’s ability to develop the land and proceed with the sales and anticipated sales of units.
We urgently advised our client about applying to the Supreme Court to remove the caveat, or, giving notice to the caveator under section 126 of the Land Title Act 1994 (Qld) to commence Court proceedings within 14 days to maintain the caveat.
We helped our client apply to the Supreme Court of Queensland (Young v Spiral Wave Pty Ltd & Nunis 10237/18) to remove the caveat under section 127 of the Land Title Act. At the hearing of our client’s application, the Court ordered that the caveat be removed, and, that the caveator pay our client’s costs of the application on the indemnity basis.
If someone has caveated your property, or you are interested in caveating someone else’s property, see our article on caveats, or please feel free to contact us.
It is essential you have experienced solicitors when dealing with a caveat or other property dispute. If property you own has been caveated or you would like to caveat a property to insure your interests, our property and land dispute resolution team will make sure your rights are protected.
Aitken Whyte Lawyers Brisbane are focused on results. Our solicitors can assist you with all caveat matters. Call today to discuss your needs.
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000