sec.128Cancelling a caveat

### sec.128 Cancelling a caveat The registrar may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that— the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or the claim of the caveator has been settled by agreement or otherwise satisfied; or the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended. The registrar must notify the caveator of the registrar’s intention to cancel the caveat at least 7 days before cancelling it. The registrar may cancel a caveat immediately before registering an instrument that has been lodged if the instrument— will, on registration, give full effect to an interest claimed in the caveat; or is an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument. Also, the registrar may cancel a caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) if— an instrument for a dealing other than a dealing restrained by the order is registered; and because of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order. s 128 amd 2013 No. 23 s 134 ; 2019 No. 7 s 234 (sec.128-ssec.1) The registrar may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that— the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or the claim of the caveator has been settled by agreement or otherwise satisfied; or the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended. (sec.128-ssec.2) The registrar must notify the caveator of the registrar’s intention to cancel the caveat at least 7 days before cancelling it. (sec.128-ssec.3) The registrar may cancel a caveat immediately before registering an instrument that has been lodged if the instrument— will, on registration, give full effect to an interest claimed in the caveat; or is an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument. (sec.128-ssec.4) Also, the registrar may cancel a caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) if— an instrument for a dealing other than a dealing restrained by the order is registered; and because of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order. - (a) the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or - (b) the claim of the caveator has been settled by agreement or otherwise satisfied; or - (c) the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or - (d) if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended. - (a) will, on registration, give full effect to an interest claimed in the caveat; or - (b) is an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument. - (a) an instrument for a dealing other than a dealing restrained by the order is registered; and - (b) because of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order.