on 21-09-2017 11:47 AM
on 21-09-2017 11:47 AM
Are people still finding it necessary to lodge a Form 23 Settlement Notice (QLD) on a Title prior to settlement, or is it safe to assume that the interested parties would be notified if an unfavorable dealing (eg. caveat) has been lodged prior to settlement?
on 26-09-2017 04:51 PM
on 26-09-2017 04:51 PM
Hi Megan
I have provided a two part response to your question. I have done so as I am not clear about what you are asking. In your question you ask if the LR will send notification of dealings landing on title to interested parties. Without a Settlement Notice how are you suggesting the LR will know who, if any one, to notify? This is the part of your question I do not understand.
That said, please let me know if the below is of assistance. If not, please get back to me and I will work with you to drive to a clear response.
PART 1
As I am sure you are aware, lodgement of a Settlement Notice is optional. Its' effect is to protect the interests of incoming parties from dealings for which ‘control of right to deal’ is required. A settlement notice will not protect against other dealings such as a caveat. It is up to workspace participants to determine if they wish to lodge over an interest on title such as a caveat.
PART 2
As for notifications of dealings that land on title during the interval between title search and settlement;