Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 74

74 Right of purchaser to lodge caveat

(1) A purchaser under an instalment contract for the sale of land registered under the Land Title Act 1994 may, by a caveat under that Act that is expressed to be lodged under this section, forbid the registration of any instrument affecting the land the subject of the contract until completion of the instalment contract.

(1A) A caveat lodged under this section is taken, for the purposes of the Land Title Act 1994 , to have been lodged other than under part 7 , division 2 of that Act.

(2) A caveat lodged under this section may on the application of any person interested be removed upon proof to the satisfaction of the registrar or of the court—

(a) that the purchaser has consented to removal of the caveat; or

(b) that the instalment contract has been rescinded or determined or discharged by performance or otherwise; or

(c) of any other ground which justifies removal of a caveat.

(3) Nothing in this section affects the powers of the registrar in relation to caveats under the Land Title Act 1994 .