Queensland Consolidated Acts
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LAND TITLE ACT 1994 - SECT 126
Lapsing of caveat
126 Lapsing of caveat
(1) This section does not apply to a caveat if—
(a) it is lodged by the
registered owner; or
(b) the consent of the registered owner, in the
appropriate form, is deposited when the caveat is lodged; or
(c) an office
copy of a court order mentioned in section 122 (1)(d) or (e) is deposited
when the caveat is lodged; or
(d) it is lodged by the registrar under
section 17 ; or
(e) it is lodged other than under this division.
However, this section applies to a caveat lodged by the registered owner of a
(a) the lot is subject to a mortgage; and
(b) the grounds stated in
the caveat relate to the actions of the mortgagee in relation to—
(i) if the
mortgage is registered—registration of the mortgage; or
mortgagee’s power of sale.
(2) A caveatee of a caveat to which this section
applies may serve on the caveator a notice requiring the caveator to start a
proceeding in a court of competent jurisdiction to establish the interest
claimed under the caveat.
(3) The caveatee must notify the registrar, in the
way the registrar requires, within 14 days of service of the notice on the
(4) If a caveator does not want a caveat to which this section
applies to lapse, the caveator must—
(a) start a proceeding in a court of
competent jurisdiction to establish the interest claimed under the caveat—
(i) if a notice under subsection (2) is served on the caveator—within 14
days after the notice is served on the caveator; or
(ii) if a notice under
subsection (2) is not served on the caveator—within 3 months after the
lodgement of the caveat; and
(b) notify the registrar, in the way the
registrar requires, within the 14 days or the 3 months that a proceeding has
been started and identify the proceeding.
(5) If the caveator does not comply
with subsection (4) , the caveat lapses.
(6) The caveator is taken to have
complied with subsection (4) (a) if, before the caveat was lodged—
proceeding has been started in a court of competent jurisdiction to establish
the interest claimed under the caveat; and
(b) the proceeding has not been
decided, discontinued or withdrawn.
(7) The registrar may remove a caveat
that has lapsed from the freehold land register.
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