A caveat is a notice in the form of a stop order to the Registrar of Titles that nothing be done with the interest in registered land identified in the caveat without notifying the caveator - the person lodging the caveat. Section 139 of the Registrar of Titles Act provides that any person claiming an interest or estate in land, whether equitable or legal may lodge a caveat.

Lodging the caveat does not amount to initiating any legal proceedings, although some may perceive it to be. It could be viewed as a threat of legal action to come.

Types of Caveats:

There are two types of caveats which may be lodged against registered land:

An absolute caveat - forbidding the registration of any person dealing with the estate or interest.

A conditional caveat - dealings with the land must be made subject to the claim of the caveator.

Basis For Lodging a caveat

You must have a valid interest in the land before lodging a caveat. You may be a beneficiary of the land or you may claim interest of a legal or equitable nature.

Procedural steps for lodging a caveat

General procedure for lodging a caveat is as follows:

Complete a form caveat in duplicate.

Statutory declaration needs to accompany the application. The caveat application should contain:

-Volume and folio number of the land

-the name, address, and occupation of the caveator

-Nature of interest, estate being claimed

-Type of caveat

- address for service within the city limits of Kingston.

The caveator or his agent must sign the caveat application before a JP or attorney-at-law.

The caveat form and declaration must be stamped and then sent to the Registrar of Titles with the appropriate registration fees.

If this interest is derived from a document or other writing, e.g. a mortgage or lease, this should be stated and the document should accompany the application.

Upon receipt of the caveat the registrar will notify the proprietor of the land against which the caveat is lodged.

The caveat may be withdrawn in the following way:

the caveator or his agent and attorney must sign a withdrawal of caveat form authorising the registrar to withdraw the caveat. The signature must be duly witnessed. The withdrawal of caveat (document) should contain:

the name of the caveator;

the caveat number; and

Volume and folio #numbers of the title.

The withdrawal of caveat must be lodged and the requisite fees paid. If the withdrawal of caveat is in order then the caveat will be removed from the title.