138SPower of owner to lodge caveat

138S Power of owner to lodge caveat

(1)  An owner of land may lodge a caveat in an approved form with the Recorder giving notice that a person exercising rights which may amount to an easement is doing so with the permission of the owner.

(2)  If the caveat is lodged before the period when an easement may be claimed under this Part and the caveat is in force under this section –

(a) time does not run against the caveator or any person claiming through the caveator; and

(b) time does not run in favour of the person named in the caveat exercising rights which may amount to an easement or any person claiming through any such person; and

(c) [Section 138S Subsection (2) amended by No. 7 of 2023, s. 15, Applied:13 Jun 2023] the period of enjoyment of the easement before the lodgement of the caveat is to be discounted, whether or not the caveat is later withdrawn.

(3)  The caveat is to state –

(a) the name and address of the person exercising rights which may amount to an easement; and

(b) the folio of the Register of the dominant tenement; and

(c) the nature and description of the easement which may be claimed.

(4)  The Recorder must give notice of the caveat to the person named in the caveat exercising rights which may amount to an easement.

(5)  A caveat under this section may be withdrawn as provided by section 133(5) and (6) .