Section 205 — Land Transfer Act 1952: Caveats in respect of applications under this Part

205 Caveats in respect of applications under this Part (1) A caveat against bringing land under this Act is not capable of being lodged in respect of an application under this Part, but any person entitled to lodge a caveat against bringing land under this Act that is subject to an application under Part 2 may register under the Deeds Registration Act 1908 a caveat at any time prior to the issue of a certificate of title in respect of the land to which the application under this Part relates. (2) A caveat under subsection (1) must— (a) specify the name of the caveator; and (b) specify the land subject to the claim; and (c) specify the nature of the land or estate or interest claimed by the caveator and the ground on which the claim is founded; and (d) give an address for service. (3) When the Registrar proceeds with an application in respect of any land against which a caveat under subsection (1) has been registered, he or she must include in the Registrar's minutes a minute in respect of the claim of the caveator. (4) Any occupier of land that is the subject of an application under the provisions of this Part, and any adjoining occupier or proprietor, may, so long as the land is comprised in a certificate of title limited as to parcels, lodge a caveat under this section at any time after the issue of that certificate of title. (5) The provisions of sections 136(2) and (3) , 143 , and 145 to 148 , with any necessary modifications, apply to caveats referred to in subsection (4) . However, a caveat under this section does not prevent the registration of any dealing with the land comprised in any certificate of title limited as to title. (6) Notice of the issue of a certificate of title under the provisions of this Part must be given by the Registrar to the caveator of every caveat under subsection (1) that is registered against the land comprised in that certificate of title. (7) Subject to the provisions of this Part, the provisions of this Act relating to caveats under subsection (1) , with any necessary modifications, apply to caveats referred to in subsection (4) . Subsection (5) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by omitting the words “ by registered letter through the post ” . Section 205 was substituted, as from 26 August 2002, by section 59 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 (5) was amended, as from 17 May 2005, by section 16 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the expression “ 136(2) and (3) ” for the expression “ 138(1), 139 ” .