Section 137 — Land Transfer Act 1952: Caveat against dealings with land under Act

137 Caveat against dealings with land under Act (1) Any person may lodge with the Registrar a caveat in the prescribed form against dealings in any land or estate or interest under this Act if the person— (a) claims to be entitled to, or to be beneficially interested in, the land or estate or interest by virtue of any unregistered agreement or other instrument or transmission, or of any trust expressed or implied, or otherwise; or (b) is transferring the land or estate or interest to any other person to be held in trust. (2) A caveat under this section must contain the following information: (a) the name of the caveator; and (b) the nature of the land or estate or interest claimed by the caveator, which must be stated with sufficient certainty; and (c) how the land or estate or interest claimed is derived from the registered proprietor; and (d) whether or not it is intended to forbid the making of all entries that would be prevented by section 141 or a specified subset of them; and (e) the land subject to the claim, which must be stated with sufficient certainty; and (f) an address for service for the caveator. (3) Caveats under this section must be executed by the caveator or the caveator's attorney or agent. (4) Caveats under this section must be entered on the register as of the day and hour of their receipt by the Registrar. Sections 136 and 137 were substituted, as from 26 August 2002, by section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (1) was amended, as from 17 May 2005, by section 11 Land Transfer Amendment Act 2005 (2005 No 58) by inserting the words “ in the prescribed form ” after the words “ a caveat ” .