CAVEATS (To Prevent Registration of Dealings)
Caveat is a Latin word meaning “Let him beware.” The Registration of Titles Act (RTA) contains provisions, Section 139, whereby any person claiming an interest or estate in land may lodge a caveat to protect his interest. The caveat is an injunction to the Registrar of Titles restraining the registration of any dealing affecting the ownership of the land without notifying the Caveator.
A Caveat must be in substantial compliance with the RTA in order to be valid and is received by the Registrar. It is not an instrument and is not registrable. A party dealing with a registered proprietor will know of the caveat only from a search of the Certificate of Title from the Registrar.
The name, address and description of the person who is claiming an interest in the land is required.
Nature of the Estate or Interest Claimed
The nature of the interest claimed should be clearly and concisely expressed. An equitable interest or estate without more detail is insufficient. The estate or interest claimed must be stated in the Caveat Form (see Thirteenth Schedule). In the absence of fraud (actual not constructive) all estates and interests in land prior to first
registration are vitiated or extinguished with the exception of certain Crown rights and a tenant for a term not exceeding three years.
Only a person having or claiming to have some recognized legal or equitable estate interest in land or a beneficiary can be a Caveator. The estate or interest may be classifiable under one of these seven headings:
1. A right to the present or future possession of the land either as a owner of the fee simple or as a tenant for life or for years or for some shorter period. 2. A right to the proceeds of the sale of the land or to a share thereof or to payment of a sum of money secured by mortgage of the land. 3. A right to rent or annuity charged on the land. 4. A right to the rents and profits of the land or to a portion thereof....