• EAN: 9781862871946
  • 352 pages; 6" x 8⅝"
Filed Under: Property

Caveats Against Dealings in Australia and New Zealand



Product Description

This work has been written by a practitioner for the benefit of practitioners.

The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.

Chapters which follow on from the general introductory chapters:

list all the recognised categories of situations where there is a caveatable interest

deal with defects in the drafting of caveats

describe the procedures available to a registered proprietor or other interested person for freeing the title from the caveat

analyse the criteria for a successful action for compensation for wrongful lodgement of a caveat

explain the role of caveats in determining equitable priorities

There is also a brief chapter dealing with the assessment of stamp duty on caveats.

Nature and Effect of a Caveat

Caveatable Interests: general principles

Caveatable Interests: particular interests


Means of Removing a Caveat

Compensation for Unjustifed Lodgment of a Caveat

Caveats and Equitable Priorities

Stamp Duties


Australian State and Territory Legislation New Zealand Legislation

Table of Cases/ Table of Statutes/ Index

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