National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
331. Determination of lienholders’ caveats
Feedback & supportA lienholder’s caveat may be withdrawn at any time by a notice in writing given to the Registrar by the person or body for the time being entitled to the benefit of the lien, and the Registrar shall cancel the entry of the caveat as soon as may be after the notice is received.
Where any land or lease subject to a lienholder’s caveat is sold pursuant to an order of the Court made by virtue of subsection 281(2)—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
any certificate of sale presented for registration by the purchaser thereof shall be deemed for the purposes of this Chapter to have been presented with the consent of the lienholder; and
upon the registration of the certificate, the caveat shall lapse, and the entry thereof be cancelled accordingly by the Registrar.
The Registrar may cancel any lienholder’s caveat upon proof to his satisfaction that all sums due under the lien have been duly paid.
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
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National Land Code 495
Where the Court is satisfied that any lienholder’s caveat ought not to have been entered, or ought to have been withdrawn, it may order—
the cancellation thereof by the Registrar; and
if the entry or failure to withdraw has caused damage or loss to any person or body, the payment of compensation by the person or body at whose instance the entry was made or, as the case may be, by whom the withdrawal ought to have been effected.
On cancelling the entry of any caveat pursuant to this section, the Registrar shall note on the register document of title the reason for the cancellation and the date thereof; and where any such entry is cancelled by reason of the withdrawal of the caveat, the Registrar shall give notice of the withdrawal to the person or body for the time being entitled to the land or lease formerly affected.
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
Every cancellation under subsection (5) shall be signed and sealed.
Trust Caveats