Lodging Party

LTO Box Number or Address

X
Form 036

CAVEAT	

PRIVACY COLLECTION STATEMENT (PRIVACY ACT 1988 (C’WLTH)) OVERLEAF

I/We forbid the registration of any instrument affecting the land as required in item 5 unless this caveat:
•	Is withdrawn by me/us or by order of the court; or
•	Lapses fully or partially in order to allow registration of an instrument.  REFER WARNING OVERLEAF.	

1. LAND
Vol:Fol	Edition 	District/Division	Section	Block	Unit	
     	     	     	     	     	     	

2. CAVEATOR 
Full name (Surname Last)
     

	Full postal address
     	

3. REGISTERED PROPRIETOR/S
Full name (Surname Last)
     

	Full postal address
     

4. NATURE OF THE ESTATE OR INTEREST IN THE LAND (Information regarding what is considered a caveatable interest - overleaf)

     

5. ACTION REQUIRED BY THIS CAVEAT (Tick appropriate box)

(a)	Prevention of all instruments with the land (refer to statutory exceptions overleaf).                                                             

(b)	Prevention of all instruments with the land other than those dealings as identified at S104(5) Land Titles Act 1925          

(c)	Prevention of instruments as follows (refer overleaf)                                                                                                            
	
Example:     Transfers (T)                          	

6. ADDRESS OF CAVEATOR FOR SERVICE OF NOTICES (Must be an address in the Australian Capital Territory (ACT))

     

7. DATE
     	

8. DECLARATION BY CAVEATOR/CAVEATOR’S SOLICITOR OR CAVEATOR’S AGENT (delete whichever is not applicable)

I,                                                                  of                                                                            ,                                                                                     (occupation)

Do solemnly and sincerely declare that to the best of my knowledge, information and belief, the Caveator has a good and valid claim to the Estate and interest set out in item 4; and the caveat does not require leave of the Supreme Court (S107c(1) Land Titles Act 1925).

I make this solemn declaration by virtue of the Statutory Declarations Act 1959 and subject to the penalties provided by that Act for the making of false statements in Statutory Declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Declared at                                                                             on

the                        day of                                                        20

Signature of person making the declaration		Signature of person before whom the declaration is made

Full name, qualification* and address of person before whom the declaration is made (in printed letters) (*Must be authorised under the Statutory Declarations Act 1959).	

9. LAND TITLES OFFICE USE ONLY
Examined by	 	Annexures/Attachments		
Data Entered by				
Registered by		Registration Date		

PRIVACY STATEMENT
S.43 of the Land Titles Act 1925 (LTA) authorises the Registrar-General to collect the information required by this form for the establishment and maintenance of the Land Titles Register.  S.65-67 LTA requires that the Register be made available to any person for search, upon payment of a fee. The information is regularly provided to various ACT Government agencies, including the ACT Department of Urban Services, ACT Planning and Land Authority (the Authority), ACT Treasury, Canberra Connect and ActewAGL for conveyancing, municipal account, administrative, statistical and valuation purposes.  The Authority and agencies within the ACT Department of Urban Services may also use the information supplied to prepare and sell property sales reports to commercial organisations concerned with the development, sale or marketing of land.  	

SCHEDULE OF NOTES
•	WARNING:  CARE SHOULD BE EXERCISED IN COMPLETING THIS FORM.  AN INSUPPORTABLE CAVEAT MAY BE CHALLENGED IN THE SUPREME COURT; AND DAMAGES MAY BE AWARDED FOR LODGING A CAVEAT WITHOUT JUSTIFICATION.
•	A simple debt owed to a person by a registered proprietor of land would not of itself, entitle that person to lodge a caveat against the land.
•	Item 5(a) - A caveat cannot prohibit the registration of a writ (lapsing, withdrawal, cancellation or removal of a writ); the entry of a caveat (lapsing, withdrawal or removal of a caveat); a dealing by a prior mortgagee; or a correction by the Registrar-General.
•	If you tick item 5(b) the following dealings will be permitted: Notice of death, vesting, resumption or withdrawal of land; discharge of mortgage; registration/extinguishment/variation of easement; transmission application; registration of new or additional trustees; registration of a declaration by an executor or executrix.
•	Item 5 (c) - Care should be taken not to forbid registration of any instrument for which the Caveator has no right to forbid.
•	Section 10 Land Titles (Unit Titles) Act 1970 does not allow caveats to carry forward to a Units Plan.
•	Documents must be typed, or completed in black ink or biro.
•	Alterations to information entered on the form should be made by crossing out (not erasing or obliterating by painting over) and should be initialled by the parties.
•	If there is insufficient space in any panel use an annexure sheet.
•	Volume, Folio and Edition references must be given. 
•	Provide full name and address of the caveator.
•	Provide full name and address of the registered proprietor for the purposes of serving notice.
•	Provide detailed information on the nature and/or interest in the land held by the caveator.
•	Carefully identify the action required to be taken by this caveat.
•	Provide the full postal address for the service of notices on the caveator.
•	Statutory Declaration must be made by the caveator, caveator’s solicitor or the caveator’s agent and witnessed by an appropriate witness.