Section 331
Determination of lienholders’ caveats
of National Land Code (Revised - 2020)
(1)
A lienholder’s caveat may be withdrawn at any time by a notice in writing given to the Registrar by the person or body for the time being entitled to the benefit of the lien, and the Registrar shall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.
(2)
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)—
(a)
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
(b)
upon the registration of the certificate, the caveat shall lapse, and the entry thereof be cancelled accordingly by the Registrar.
(3)
The Registrar may cancel any lienholder’s caveat upon proof to his satisfaction that all sums due under the lien have been duly paid.
337
National Land Code 495
(4)
Where the Court is satisfied that any lienholder’s caveat ought not to have been entered, or ought to have been withdrawn, it may order—
(a)
the cancellation thereof by the Registrar; and
(b)
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.
(5)
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.
(6)
Every cancellation under subsection (5) shall be signed and sealed.
Trust Caveats