Caveat Services: Protecting Your Property Rights
When property rights are under threat, or you need to secure an interest in land, a caveat can be a powerful legal tool. However, lodging a caveat is a serious legal step; one that can have significant consequences if done incorrectly.
A caveat is not simply a “block” to stop a transaction. It’s a formal notice on the title that you claim an interest in the property. Lodging a caveat without proper grounds can expose you to financial penalties and court orders for compensation.
At Enterprise Legal, our team of experienced property and commercial lawyers helps clients across Queensland determine if they have a caveatable interest, and if so, prepare and lodge caveats quickly and correctly. We also help remove caveats that have been lodged without justification. We offer fixed or capped fees wherever possible, so you have certainty around your legal costs.
What is a Caveat?
A caveat is a legal notice recorded on a property title that:
- warns others that you claim an interest in the property
- prevents the property owner from dealing with the property (e.g. selling or mortgaging it) without first giving you notice
- effectively “freezes” the title to protect your claimed rights
However, a caveat does not give you ownership of the property. It simply protects a specific legal interest you already have or claim to have.
When Can You Lodge a Caveat?
You can only lodge a caveat if you have a caveatable interest in the property. Examples include:
- a purchaser under a signed contract of sale
- someone who has paid money toward the property in reliance on an agreement
- a beneficiary of a constructive trust (e.g. where property was to be held for you)
- a lender with an equitable mortgage or charge
- a tenant with certain long-term lease rights
- a party under a family law property settlement agreement affecting property
You cannot lodge a caveat simply because you’re “owed money.” Lodging a caveat without proper grounds is a serious offence and may lead to:
- compensation claims against you
- orders to remove the caveat
- significant legal costs
Before lodging a caveat, it’s crucial to get legal advice to avoid these risks.
Our Easement Legal Services
Enterprise Legal provides fixed or capped fee services wherever possible for:
- drafting new easements tailored to your property and intended use
- reviewing and advising on existing easement documents
- preparing variations, surrenders, or extinguishments of easements
- working with surveyors to ensure easement plans meet Titles Queensland standards
- liaising with councils, utilities, and developers for easements tied to planning conditions
- advising on compensation obligations associated with easements
- registering easements with Titles Queensland and handling all lodgement requirements
- assisting with easement disputes and negotiation of solutions
- working collaboratively with your surveyor, town planner, or accountant where transactions have broader commercial impacts
We treat easements as a critical piece of your property strategy, not merely a technical document to be lodged and forgotten.
Why Professional Caveat Advice Matters
Lodging a caveat without legal grounds can have significant consequences. Risks include:
- court-ordered removal of the caveat
- paying the property owner’s legal costs
- liability for damages if your caveat wrongfully delays a property sale or finance
At Enterprise Legal, we:
- quickly assess whether you have a legitimate caveatable interest
- explain your legal options and risks in plain English
- prepare and lodge caveats urgently if necessary
- assist in removing caveats that have been wrongly lodged against your property
- represent you in caveat disputes in the Supreme Court if required
Caveats are a powerful but dangerous tool if misused. We help you use them correctly and protect your interests.
Our Caveat Legal Services
Enterprise Legal provides fixed or capped fee services wherever possible for:
- advising whether you have a caveatable interest in property
- preparing and lodging caveats with Titles Queensland
- preparing required statutory declarations for caveat lodgements
- handling urgent caveat lodgements to protect property rights
- advising on removing caveats lodged against your property
- negotiating withdrawal of caveats to avoid costly litigation
- representing clients in Supreme Court proceedings for caveat disputes
- working alongside your accountant, financial advisor, or other lawyers if the caveat relates to broader business or personal transactions
We understand that speed is often critical when it comes to caveats. We move quickly to protect your interests while ensuring compliance with Queensland law.
Speak With Our Property Team
Why Choose Enterprise Legal for Caveats?
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Caveat FAQs
Need advice about lodging or removing a caveat? Book a consultation with our experienced caveat lawyers today and protect your property rights.
What is a Caveat?
Can Anyone Lodge a Caveat?
What Happens if I Lodge a Caveat Incorrectly?
• ordered to remove the caveat
• required to pay the property owner’s legal costs
• liable for damages if the caveat delays a sale or financing
Getting legal advice first is crucial.
How Do I Remove a Caveat?
• the person who lodged it withdrawing it voluntarily
• an application to Titles Queensland
• a Supreme Court order if the parties cannot agree
We assist both in removing unjustified caveats and defending legitimate ones.
Do I Need a Lawyer for a Caveat?
• is legally justified
• is properly drafted and lodged
• protects your interests without exposing you to liability