Caveat Removal

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Caveat Removal Melbourne

Have you received a caveat on your property? Do you need help to understand it? And is there anything you can do about it? A caveat is a written warning (or entry in a register) to stop certain land dealings. It can “freeze” all your future transactions with that property. This might include preventing the transfer or sale of your property, or even preventing it from being mortgaged. At rosendorff Lawyers, we have significant experience in caveat removal. We can advise you on the most cost-effective way to quickly remove a caveat that might be holding up the sale or subdivision of your property.

Contact us now for your free telephone consultation.


Rosendorff Lawyers provide services in for caveat removals to business and individuals in the Melbourne Metropolitan area.

Often a person claiming an equitable estate or interest in your land will lodge a caveat under s.89 of the Transfer of Land Act 1958 (TLA) to protect that claim.

The TLA provides three ways for removal of a caveat. The two most practical ways are:

(a)       Section 89A, which enables a registered proprietor to apply to the registrar to serve a notice on a caveator requiring proceedings to substantiate the caveat to be commenced in a court of competent jurisdiction within a nominated time period, failing which the caveat will lapse;

(c)        section 90(3), which enables any person aggrieved by a caveat to apply to the Court for orders removing the caveat.

Rosendorff Lawyers has significant experience in removing caveats.

We can advise you on how to most cost effectively and quickly remove a caveat that may be holding up the sale of your property.

We assist people in obtaining planning approval and resolving disputes arising from development applications, planning proposals, building and subdivision certification and Local Government orders.

Principal of the firm, Brett Samuel, is a unique legal resource having dual qualifications in Bachelor of Planning and Design (University of Melbourne) and law (Monash University). Prior to entering law, Brett was engaged in the building industry and has extensive experience in this area of law.

Caveats – When Can They Bel Lodged?


Parties often seek to lodge a caveat over another person’s property claiming a caveatable interest.

A purchaser may lodge a caveat to stop the vendor from selling the land to somebody else.
A caveat is a written warning, or entry made in a register, to stop certain land dealings without notice being given to the person who lodged it (the caveator) and/or without the caveator’s agreement.

A caveat tags the land and it is like an injunction to show that someone has an interest in the land.

Normally a creditor would have a caveatable interest. This however would depend on the circumstances.

Whether or not a caveat can be lodged on a property depends on the facts of each matter.

To read about how some cases deal with situations where caveats were lodged and how the Court dealt with these issues, click here

Contact Us today on (03) 8320 2955 to arrange a consultation with one of our experienced lawyers.

Our Happy Clients

The Difference Is In Our Level Of Experience Defending The Most Difficult Cases & Our Rigorous Approach To Each Matter

  • I have known Brett Samuel and Rosendorff Lawyers for over 18 months. Brett is a commercially astute lawyer who provides excellent service, quick turnaround, responsive and useful advice and above all understands that clients expect results not just legal gobbledygook.

    I have referred Brett to a number of clients requiring commercial legal expertise and each has commented on his service and value for money approach to the law.

    I have also personally engaged Brett on a number of commercial and private matters and have found him to be an excellent ally. His advice is highlighted by providing options to the client but importantly, recommending a course of action that minimises risk and maximises outcomes. To date this approach has proven to be very valuable and what I, as a client, expects.

    I have no hesitation in recommending Brett for any commercial matter that you need advice on.

    Colin Linke, Director, Bentley Partners Accounting Services

  • I have used the services of Rosendorff Lawyers for a number of years now and have found them to be a great asset to my Business Sunburst Group. Their advice concerning contractual law and from time to time commercial litigation has been indispensable. Brett Samuel is always a pleasure to deal with as he is meticulous in his research prior to any legal action we might be considering. My association with Rosendorff Lawyers has helped my business to make the correct informeddecisions and in doing so has enabled me to save many thousands of dollars that otherwise uniformed decisions may have cost me.


  • Thanks for the excellent work you and your team at Rosendorff Lawyers did throughout the whole process of setting up Tarp Asset Management. The advice given was much appreciated. Coming in under budget was a welcome surprise too. I would not hesitate to recommend Rosendorff Lawyers to anyone searching for a reputable Melbourne-based financial services law firm. Your team went well above and beyond what was required to achieve success. I look forward to a long and rewarding professional relationship with Rosendorff Lawyers.

    Alex Tarpkos Tarp Asset Management

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