Caveat is a type of restriction where a caveat to the land prohibits land dealing such as sale of land, register any interest to the land and etc. The purpose of caveat is to protect the interest in the land and by lodging it to maintain the status quo. Here are a few types of caveat.
Registrar’s Caveat
A Registrar’s Caveat is a caveat enters by the Registrar by the request of the Proprietor or interested parties. The Registrar exercises judicial discretion in entering the Registrar’s Caveat and usually a Registrar enters the Caveat if there are serious issues such as fraud cases and any other serious cases.
A Registrar’s Caveat is permanent in nature and cannot remove unless it is removed by the Registrar himself or by appeal to the High Court for the decision to enter the Registrar’s Caveat.
Private Caveat
A Private Caveat is a caveat where any person who are claiming title and interest of the land can lodge this caveat to protect their interest. Do take note that everyone is allowed to lodge a private caveat, however the person who lodge a caveat without having any reason are liable to pay compensation to any person who suffered loss as a result of the caveat pursuant to S329 National Land Code.
A Private Caveat has a life span of 6 years and it can be removed automatically after 6 years or the Caveator himself withdraws it or by the application to the high court to withdraw it.
Lien-Holder’s Caveat
A Lien-Holder’s Caveat usually lodge by the Lien holder and it can be removed by the Person’s entitled to the lien, the Registrar if they are satisfied the sum due under the lien are duly paid, or by the application to the High Court.
Other species of restraint of dealings
Prohibitory Order
A prohibitory order is an order by the court. It can only be applied after obtaining a Court Judgment and it prevent the land dealings up to 6 months.
