133Caveat against dealings

133 Caveat against dealings

[Section 133 Subsection (5) amended by No. 9 of 1982, s. 7 and Sched. 10 ]

(1)  *[Section 133 Subsection (1) amended by No. 21 of 1996, s. 19 ]*Where –

(a) a settlor transfers registered land to be held by the transferee as trustee; or

(b) a person claims an estate or interest in registered land under an unregistered dealing, or by devolution in law or otherwise –

that settlor or person may, by caveat in an approved form lodged with the Recorder, forbid the registration of any dealing affecting that land, estate, or interest.

(2)  [Section 133 Subsection (2) amended by No. 23 of 2021, s. 97, Applied:01 Jan 2022] [Section 133 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A caveat under this section shall state –

(a) the name and address of the caveator;

(b) an address for service of notices on the caveator;

(c) the estate or interest claimed by the caveator;

(d) the folio of the Register, or the registered dealing, affected by the caveat; and

(e) where the caveat relates to part only of the land in a folio of the Register or registered dealing, such further description as may be necessary to identify the subject land –

and shall be signed by the caveator or by the caveator’s legal practitioner, attorney, or authorized agent.

(3)  [Section 133 Subsection (3) amended by No. 23 of 2021, s. 97, Applied:01 Jan 2022] If the Recorder does not refuse to register a caveat lodged pursuant to this section the Recorder shall –

(a) record the caveat on the folio of the Register or registered dealing affected by the caveat; and

(b) give notice of the caveat to the registered proprietor of the estate or interest affected by the caveat.

(4)  A notice relating to a caveat lodged pursuant to this section, or to any proceedings in respect of the caveat, shall be deemed to be duly served upon the caveator if served at the caveator’s address for service stated in the caveat, or at the office of the legal practitioner, attorney, or authorized agent who may have signed the caveat.