Can I Sell My Property If Someone Has Lodged a Caveat Against It?

8 Jun 2026

If you are trying to sell your property and a caveat has been lodged on the title, it can stop the sale from going ahead.

What Is a Caveat on a Property?

A caveat is a legal notice recorded against a property title. It alerts the public that another person claims to have a legal interest in the property and prevents the property from being sold or transferred without notice to that person.

Common examples of interests that may support a caveat include:

• An unregistered mortgage or charge over the property
• A contractual right to purchase the property
• A financial interest arising from an agreement between parties

Caveats are commonly used to protect legitimate legal interests, but disputes can arise when a caveat is incorrectly lodged or used unfairly.

What Happens if You Disagree With the Caveat?

If you believe the person who lodged the caveat does not have a valid legal interest in your property, you can apply to the Land Transfer Registrar to have the caveat lapse.

Once that application is made:

1. The caveat will lapse after 10 working days unless the caveator applies to the Court to keep it in place.
2. The caveator must obtain an interim Court order within 20 working days after filing that application.
3. If an interim order is granted, the Court will usually deal with the matter urgently and often decide the issue based on legal submissions and documents rather than witness evidence.
4. If the person who has applied for the caveat to lapse wishes to proceed with their application, this will then be set down for a defended hearing, although the evidence is usually by way of affidavit.

Because these deadlines are strict, it is important to seek legal advice quickly.

When Should You Get Legal Advice About a Caveat?

You should speak with a property or construction lawyer if:

• A caveat is preventing you from selling your property
• You believe a caveat has been wrongly lodged
• You need to protect your own interest in a property
• You are involved in a property development dispute

Early legal advice can help resolve the issue quickly and reduce delays to a property sale or development project.

If you are dealing with a caveat dispute or need advice about protecting an interest in property, our Construction Law team can help guide you through the process.