Someone has lodged a caveat on my property. What can I do?

If the caveator has no real interest in the land, a section 89A notice gives them 30 days to start court proceedings or lose the caveat. If a settlement is at risk, we can apply to the Supreme Court to remove it sooner.

Can I lodge a caveat because someone owes me money?

Only if you hold an interest in the land, such as a mortgage or a written charge. A debt on its own is not enough, and an unjustified caveat can expose you to a claim. We advise you first.

Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.

Protect your interest,
or clear your title.

A caveat stops dealings on a title until it is withdrawn or removed. We lodge caveats to protect clients, and we remove caveats that should not be there, quickly when a settlement is at risk.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Property law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
Been dealing with Dinesh, Pallavee and his staff for over 10 years, more than 20 properties settled through them. The amount of expertise Joshi Lawyers has is next to none… every question answered and every transaction handled in the most professional way.
Ankur AnandProperty investor · Google review, 2018
Made a complex process simple. I received pro-active phone calls and emails letting me know about timeframes and deadlines… Everything was completed remotely and so easy, as well as regular communication which far exceeded my expectations.
Dhaval PatelHome buyer · Google review, 2020
I’ve used Joshi Lawyers a few times now and have always had a good experience with them. The communication and service from their team throughout the entire process from start to finish is great, and they are cost-effective, too.
Ian HProperty and conveyancing client · Google review, 2019
We bought our first commercial property and Dinesh looked after our file… sent us all information three days prior with all calculations, and kept us posted with all changes on the settlement date. A hassle-free experience.
Ravneet KaurCommercial property buyer · Google review, 2020
The process went smooth with no stress, communication was easy and we were kept informed throughout the process. We can’t recommend them enough and we will definitely be using their services for future settlements.
Dureka HomesBuilder · Google review, 2019
I am with them for the past 5 years for several land purchases. In all instances they have provided great service to me… taking ownership and providing extra-mile service.
Sumita MukherjeeLand investor · Google review, 2019

Is this you?

When people come to us about caveats.

Each of these is a good reason to call, and none of them is too early.

Someone has lodged a caveat on your property and the settlement is next week.
You lent money secured on a property and want to protect it.
You have contributed to a property that is not in your name.
You have been asked to withdraw a caveat and are not sure you should.

How we help

A caveat can stop a sale. It can also protect years of work.

A caveat is only proper if the person lodging it has a genuine interest in the land. If you hold one, we can lodge a caveat for you the same day. If you do not, a caveat can expose you to a claim for compensation, so we advise you before it is lodged.

If a caveat has been lodged on your property without good reason, a notice under section 89A of the Transfer of Land Act gives the caveator 30 days to go to court or lose it. Where a settlement is at risk, we can apply to the Supreme Court to have it removed sooner.

What we do

Advice on whether you hold an interest that supports a caveat
Caveats prepared and lodged, often the same day
Section 89A lapsing notices served
Supreme Court applications to remove a caveat
Negotiated withdrawals tied to settlement
Claims for loss caused by an unjustified caveat

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: what is at stake
What has happened, what the documents say, and any date that cannot be missed, such as a settlement or a notice period.
In writing: the steps and the cost
What needs to happen and in what order, with the fee quoted or scoped in writing before the work starts.
Urgent matters first
Guarantee advice is usually given the same day, and a caveat can be lodged the same day where you hold an interest in the land.
From then on: one lawyer, no chasing
The same lawyer sees the matter through, and you are told what is happening at each step.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Someone has lodged a caveat on my property. What can I do?
If the caveator has no real interest in the land, a section 89A notice gives them 30 days to start court proceedings or lose the caveat. If a settlement is at risk, we can apply to the Supreme Court to remove it sooner.
Can I lodge a caveat because someone owes me money?
Only if you hold an interest in the land, such as a mortgage or a written charge. A debt on its own is not enough, and an unjustified caveat can expose you to a claim. We advise you first.
What does it cost?
Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.