Section 141 — Land Transfer Act 1952: Effect of caveat against dealings

141 Effect of caveat against dealings (1) Subject to the succeeding provisions of this section, so long as a caveat under section 137 remains in force, the Registrar shall not make any entry on the register having the effect of charging or transferring or otherwise affecting the estate or interest protected by the caveat. (2) Subsection (1) of this section shall not prevent the Registrar from making any entry necessary to complete the registration of an instrument that has been accepted for registration before the receipt of the caveat. (3) Except in the case of a caveat lodged by the Registrar in exercise of the powers by this Act given to him in that behalf, subsection (1) of this section shall not prevent the Registrar from making any entry necessary to effect the registration of a transfer of any estate or interest in land where— (a) The transfer is expressed to be made in pursuance of either— (i) A power of sale conferred on the transferor by virtue of a registered mortgage of that estate or interest; or (ii) The power conferred on the Registrar of the High Court by section 196 of the Property Law Act 2007 in respect of a registered mortgage of that estate or interest— (in either case hereafter in this subsection referred to as the empowering mortgage); and (b) The caveat was lodged after the registration of the empowering mortgage; and (c) The estate or interest claimed by the caveator arises under an unregistered mortgage or an agreement to mortgage, dated later than the date of registration of the empowering mortgage and relating to the same estate or interest to which the empowering mortgage relates; and (d) [Repealed] (4) In any case to which subsection (3) of this section applies, the caveat shall, upon the registration of the transfer, be deemed to have lapsed and the estate or interest of the mortgagor therein expressed to be transferred shall pass to and vest in the purchaser freed and discharged of the estate or interest claimed by the caveator; and the Registrar may make on the register any entry necessary to show that the caveat has lapsed. (5) Without limiting subsection (3) , a caveat under section 137 does not prevent the Registrar making an entry to give effect to— (a) a transmission to an executor, administrator, or trustee in respect of the estate or interest of a deceased registered proprietor; or (b) a transmission to the Official Assignee on bankruptcy of a registered proprietor; or (c) dealings having the effect of discharging or extinguishing secondary interests if the caveat affects the fee simple (such as a discharge of a mortgage or surrender of a lease); or (d) a change in, or a correction to, the name of a proprietor where the ownership remains the same; or (e) a transfer consequent on a rating sale under the Rating Powers Act 1988; or (f) dealings with secondary interests if the caveat affects the fee simple (such as the transfer of a mortgage); or (g) appurtenant easements; or (h) an application for an amalgamated certificate of title or separate certificates of title if there is more than 1 registered proprietor for land or for an estate or interest in land; or (i) further caveats, statutory land charges, or charging orders; or (j) a vesting or dealing effected by an enactment or court order that expressly or by implication requires or permits a recording to be made in the register despite the presence of the caveat. Section 141 was substituted, as from 4 November 1982, by section 2 Land Transfer Amendment Act 1982 (1982 No 22). Subsection (1) was amended, as from 17 May 2005, by section 13 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ under section 137 ” for the words “ in form N ” . Subsection (3)(a) was substituted, as from 11 June 1985, by section 2 Land Transfer Amendment Act 1985 (1985 No 90). Section 141(3)(a)(ii): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Subsection (3)(d) was repealed, as from 26 August 2002, by section 50(1) 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 (4) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by omitting the words “ District Land ” . Subsection (5) was inserted, as from 26 August 2002, by section 50(2) 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).