QLDIn ForceAct
Property Law Act 2023
sec.93Buyer may lodge caveat
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### sec.93 Buyer may lodge caveat
The buyer under an instalment contract may, by a caveat under the Land Title Act 1994 that is stated to be lodged under this section, forbid the registration of any document affecting the land the subject of the contract until settlement of the contract.
The caveat is taken, for the Land Title Act 1994 , to have been lodged other than under part 7 , division 2 of that Act.
The caveat may, on the application of any person interested, be removed on proof to the satisfaction of the registrar or of the court that—
the buyer has consented to removal of the caveat; or
the instalment contract has been rescinded or terminated or discharged by performance or otherwise; or
the caveat should be removed on another ground.
This section does not limit or otherwise affect the powers of the registrar in relation to caveats under the Land Title Act 1994 .
(sec.93-ssec.1) The buyer under an instalment contract may, by a caveat under the Land Title Act 1994 that is stated to be lodged under this section, forbid the registration of any document affecting the land the subject of the contract until settlement of the contract.
(sec.93-ssec.2) The caveat is taken, for the Land Title Act 1994 , to have been lodged other than under part 7 , division 2 of that Act.
(sec.93-ssec.3) The caveat may, on the application of any person interested, be removed on proof to the satisfaction of the registrar or of the court that— the buyer has consented to removal of the caveat; or the instalment contract has been rescinded or terminated or discharged by performance or otherwise; or the caveat should be removed on another ground.
(sec.93-ssec.4) This section does not limit or otherwise affect the powers of the registrar in relation to caveats under the Land Title Act 1994 .
- (a) the buyer has consented to removal of the caveat; or
- (b) the instalment contract has been rescinded or terminated or discharged by performance or otherwise; or
- (c) the caveat should be removed on another ground.