Subpart 7—Caveats

138 Caveats against dealings with land

(1)

A person may lodge a caveat against dealings with an estate or interest in land (a caveat against dealings) on the basis that the person—

(a)

claims an estate or interest in the land, whether capable of registration or not; or

(b)

has a beneficial estate or interest in the land under an express, implied, resulting, or constructive trust; or

(c)

is transferring the estate or interest in the land to another person to be held on trust; or

(d)

is the registered owner of the estate or interest in the land and—

(i)

has an interest that is distinct from that of registered owner; or

(ii)

establishes to the satisfaction of the Registrar that at the time the caveat is lodged there is a risk that the estate or interest may be lost through fraud.

(2)

A caveat against dealings document must be executed by the caveator or the caveator’s agent.

(3)

A caveat against dealings document must contain the prescribed information.

Compare: 1952 No 52 s 137