Welcome to our Law Unlocked series!
Our goal in these articles are to simplify and explain legal principles that impact your everyday life and business decisions. Through these articles, we aim to equip you with the legal knowledge needed to understand your rights .
Imagine this
You’re about to close a deal on your property, but a land search reveals a private caveat being lodged on it. Suddenly, your hands are tied — selling or transferring your property is impossible.
Don’t panic! In this article, we’ll explain what a private caveat is, how to remove it, and what steps you should take in this situation.
What is a private caveat?
A private caveat is a legal mechanism that allows an individual or entity to safeguard their rights or interest in a property.
A private caveat is lodged at the Land Office and effectively prevents the land from being transferred or sold until such caveat is removed.
How to remove a private caveat?
If you discover the a private caveat is lodged on your land, there are several ways to remove it:-
a) Removal by the Registrar
Any person or entity whose land is bound by the private caveat can apply to the Land Office Registrar to have it removed.
Once an application is filed, the Land Office Registrar will serve a notice on the person who lodged the caveat on the intended removal.
The caveat will lapse 2 months after the specified time in the notice unless there is an order from Court extending the time period.
b) Removal By Court
Any person or entity whose land is bound by the caveat can apply to Court to remove the caveat.
The person who lodged the private caveat must prove in Court that:
- He has a caveatable interest;
- His claim raises a serious question to be tried; and
- On the balance of convenience, it is better for the caveat to remain.
If they fail to do so, the court may grant an order for the caveat to be removed.
Can I be compensated if a private caveat is lodged wrongly?
Yes, you can. The National Land Code allows property owners to obtain compensation for wrongful or unjustified lodgement of a private caveat.
To succeed, you must prove that you have suffered loss or damage arising from the wrongful or unjustified lodgement of the private caveat.
What do I do if I discover that a private caveat has been lodged?
Upon discovering that a private caveat has been lodged on your land, immediately consult a lawyer to find out how best to remove the private caveat.
DISCLAIMER
This article is for informational and educational purposes only and should not be considered legal advice. For personalized guidance and advice, please consult a qualified lawyer.
Tristan & Partners 