How long does a caveat last?

A caveat stays on the title until it is withdrawn, lapses or is removed by the registrar or a court. In Queensland, a caveat subject to the lapsing rules lapses 3 months after lodgement unless the caveator starts court proceedings and notifies the registrar.

Can I sell a property with a caveat on it?

You can sign a contract, but in most cases the transfer cannot be registered while the caveat stays on the title, unless the caveator consents or the transfer is one the caveat does not cover. The caveat is usually dealt with before settlement.

Is a caveat the same as a mortgage?

No. A registered mortgage is a registered interest in the land. A caveat is a warning that someone claims an interest; lodging it does not create a registered interest.

What is a priority notice in NSW?

A priority notice is a short-term notice on a NSW title that lists dealings about to be lodged and blocks most other dealings for 60 days from lodgement, and for no longer than 90 days. Buyers often lodge one shortly after exchange.

Can an unpaid tradesperson or creditor lodge a caveat?

Only if they claim an interest in the land itself, such as a charge over the property in a signed agreement. An unpaid debt on its own is not an interest in land.

What Is a Caveat on Property? Lodging & Removing One

A caveat on property is a warning recorded on the land title by a person who claims an interest in the land, and it stops most new dealings, such as a transfer or a new mortgage, from being registered until it is withdrawn, lapses or is removed. A caveator has to claim a genuine interest in the land: under the Real Property Act 1900 (NSW) and the Land Title Act 1994 (Qld), a caveat lodged without reasonable cause can make the caveator liable to compensate anyone who suffers loss.

If you want to lodge a caveat, the first step is to identify the interest you claim, such as a contract to buy the land or a charge in a signed loan agreement, and get legal advice before lodging. If a caveat has been lodged on your property, the first step is to obtain a copy from the land registry and ask a property lawyer about a lapsing notice or a court application. You can compare firms on Property Lawyers in Australia.

Caveats exist in every state and territory because each uses the Torrens system of registered title. The rules for lodging, lapsing and removal come from each state's land titles Act, so the details below name the state.

Who can lodge a caveat on property?

A caveat can be lodged by a person who claims an interest in the land. Section 122 of the Land Title Act 1994 (Qld) lists who can lodge one, and the same idea applies in other states. The common caveatable interests are:

A buyer under a contract of sale. NSW Land Registry Services gives the example of a buyer who lodges a caveat after exchanging contracts to protect the purchase.
A lender with a charge or unregistered mortgage. A loan agreement that charges the land can support a caveat. In Queensland, an equitable mortgagee can only lodge a caveat that is subject to the lapsing rules.
A beneficiary under a trust of the land.
A person with a court order that land be transferred to them, or that restrains the owner from dealing with it.
The registered owner, for example to guard against fraud.

Some claims are not caveatable. An unpaid debt on its own is not an interest in land, so an unsecured creditor cannot lodge a caveat for it. In Queensland, section 122(3) of the Land Title Act 1994 states that a person who agrees to buy a proposed lot under the Land Sales Act 1984 (Qld), such as an off-the-plan buyer, does not have an interest in the lot for this purpose.

How do you lodge a caveat?

You lodge a caveat with the state land registry, usually through a lawyer or conveyancer, in 4 steps:

Identify the interest and the document that creates it, such as the contract, loan agreement or court order.
Prepare the caveat form, stating the interest claimed, the land affected and an address for service of notices.
Lodge it with the registry. In NSW, only a professional registered with an electronic lodgment network operator (ELNO), such as PEXA or Sympli, can lodge a caveat for the caveator. The NSW Land Registry Services fee to lodge a caveat is $182.73 from 1 July 2026.
Registry notice. The registry records the caveat on the title and notifies the registered owner. NSW Land Registry Services posts a copy of the caveat to the registered proprietor; in Queensland, section 123 of the Land Title Act 1994 requires the registrar to give written notice of the lodgement.

The registry checks the form, not the claim. NSW Land Registry Services states that it does not verify the caveator's claim to a legitimate interest, citing section 74Q of the Real Property Act 1900 (NSW). That is why the lapsing and compensation rules below matter.

A caveat does not create a registered interest. Section 124(5) of the Land Title Act 1994 (Qld) states this expressly.

How is a caveat removed?

A caveat is removed in one of 4 ways: withdrawal, lapsing, court order or cancellation by the registrar. The right route depends on whether the caveator agrees.

By withdrawal

The caveator withdraws the caveat by lodging a withdrawal form. This is what happens when the claim is paid, settled or abandoned. In NSW, the fee for a withdrawal of caveat is $182.73 from 1 July 2026.

By lapsing

A caveat lapses when the caveator does not take court action in time.

In NSW, the registered owner or another interested party can apply for a lapsing notice under section 74I of the Real Property Act 1900 (NSW). Once served, the caveator has 21 days from the date of service to apply to the Supreme Court of NSW for an order extending the caveat. NSW Land Registry Services also notes that a caveat usually lapses when the interest claimed is satisfied by another dealing, such as a buyer's caveat at settlement.
In Queensland, under section 126 of the Land Title Act 1994 (Qld), a caveat that is subject to the lapsing rules lapses unless the caveator starts a court proceeding to establish the interest, and notifies the registrar, within 3 months after lodgement. If the owner serves a notice requiring the caveator to start proceedings, the time drops to 14 days after service.

By court order

The owner can apply to the Supreme Court for an order removing the caveat. In Queensland, section 127 of the Land Title Act 1994 allows a caveatee to apply at any time. In NSW, the Supreme Court can extend, withdraw or remove a caveat, and NSW Land Registry Services acts on the court's order.

By the registrar

In Queensland, section 128 of the Land Title Act 1994 allows the registrar to cancel a caveat in specified cases, such as when the interest has ceased or the claim has been settled, after giving the caveator at least 7 days' notice.

How do caveat rules differ by state?

Each state and territory has its own land titles Act, and the notice procedures and time limits are set in that Act.

State or territory	Governing Act	Lapsing or removal (key points)
NSW	Real Property Act 1900 (NSW)	Lapsing notice under s 74I; 21 days after service to apply to the Supreme Court for an extension
Queensland	Land Title Act 1994 (Qld)	Lapses 3 months after lodgement, or 14 days after the owner's notice, unless proceedings start (s 126)
Victoria	Transfer of Land Act 1958 (Vic)	Set out in the Act; administered by Land Use Victoria
Western Australia	Transfer of Land Act 1893 (WA)	Set out in the Act; administered by Landgate
South Australia	Real Property Act 1886 (SA)	Set out in the Act; administered by Land Services SA
Tasmania	Land Titles Act 1980 (Tas)	Set out in the Act; administered by the Land Titles Office
ACT	Land Titles Act 1925 (ACT)	Set out in the Act; administered by the ACT Land Titles Office
Northern Territory	Land Title Act 2000 (NT)	Set out in the Act; administered by the Land Titles Office

Time limits are strict, so a caveator who receives a notice needs legal advice straight away.

What happens if a caveat is lodged without reasonable cause?

A caveator who lodges or keeps a caveat without reasonable cause must compensate anyone who suffers loss as a result. NSW Land Registry Services warns that a person who lodges a caveat without reasonable cause may have to compensate a wronged party who suffers a pecuniary loss. In Queensland, section 130 of the Land Title Act 1994 goes further: the court can add exemplary damages, and the caveat is presumed to have been lodged without reasonable cause unless the caveator proves otherwise.

A caveator also cannot keep lodging the same caveat. In Queensland, section 129 of the Land Title Act 1994 bars a further caveat on the same or substantially the same grounds without the leave of a court. In NSW, section 74O of the Real Property Act 1900 (NSW) deals with further caveats.

Does a caveat stop a mortgagee sale?

Not always. In Queensland, section 124(2) of the Land Title Act 1994 allows a mortgagee whose mortgage was registered before the caveat to register certain dealings, such as a transfer under its power of sale, where the caveator claims the interest only as security for money. A caveat also does not block a dealing the caveator consents to, or an instrument the caveat expressly excludes.

Speaking to a property lawyer about a caveat

A property lawyer can advise whether a claim is caveatable, prepare and lodge the caveat, respond to a lapsing notice within the deadline, or apply to the Supreme Court to remove a caveat from your title. Compare ranked firms on Property Lawyers in Australia. City rankings are available for Property Lawyers in Sydney, Property Lawyers in Melbourne and Property Lawyers in Brisbane. If the caveat affects a purchase or sale that is about to settle, Conveyancers & Conveyancing Lawyers in Australia lists firms that handle settlements.