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.
(1A) However, this section applies to a caveat lodged by the registered owner of a lot if—
(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
(ii) the 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 caveator.
(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—
(a) a 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(b) the proceeding has not been decided, discontinued or withdrawn.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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