Land Titles Act 1980
136Lapsing of caveat on registration of dealing
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136 Lapsing of caveat on registration of dealing
(1) [Section 136 Subsection (1) amended by No. 7 of 2023, s. 13, Applied:13 Jun 2023] [Section 136 Subsection (1) amended by No. 23 of 2021, s. 99, Applied:01 Jan 2022] On the lodgement for registration of a dealing the registration of which is forbidden by a caveat lodged pursuant to this Part, and on the application of the registered proprietor against whom the caveat was lodged or of a person claiming under the dealing, the Recorder shall serve on the caveator a notice of the Recorder’s intention to register the dealing on the expiration of the period of 28 days after the service of the notice, and shall register the dealing unless within that period –
(a) an order to the contrary is made by the Supreme Court and that order or written notice of the order is served on the Recorder; or
(b) the dealing is withdrawn or for any reason ceases to be in order for registration.
(2) For the purposes of subsection (1) , a dealing shall not be deemed to have been lodged for registration until (except for the existence of the caveat in respect of which notice is to be given) it is in order for registration.
(3) *[Section 136 Subsection (3) amended by No. 46 of 1981, s. 7 ]*Where, after the service of a notice of intention to register a dealing, the dealing to which the notice relates is withdrawn or for any reason becomes incapable of registration, the notice ceases to have effect and the caveat remains in full force and effect.
(4) Unless an order to the contrary has been made and served on the Recorder under subsection (1) (a) , a caveat lapses and ceases to affect land at the expiration of 28 days after the service pursuant to subsection (1) of a notice of intention to register a dealing.
(5) Where, after serving a notice of intention to register a dealing, the Recorder registers a dealing that does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates, the caveat shall be deemed to have lapsed only to the extent necessary to permit that registration.