Caveats - Prohibitions and Claims | Help Centre

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There are a range of claims and prohibitions that are available to you when lodging a caveat in PEXA. Explore below to find out more about the types of claims that you can apply within your jurisdiction. 

Western Australia

Expand the drop down boxes below, to view the statements of claim available in PEXA associated with the listed claim categories.

Agreeement / contract 

•  Purchasers' contract with the following Parties and Date
• On-sale purchaser's contract with the following On Sale Parties and On Sale Contract Date, the prior purchase contract having the following Parties and Date
• Purchaser's lien to secure repayment of money paid under a contract of sale with the following Parties and Date
• Unpaid Vendor under a contract of sale with the following Parties and Date
• Option to Purchase with the following Parties and Date
• Option to Lease with the following Parties and Date
• Registrable but unregistered Transfer from the Registered Proprietor with the following Parties and Date
• Agreement to create a Carbon Right with the following Parties and Date
• Agreement to create a Carbon Covenant with the following Parties and Date
• Agreement to create a Plantation Interest with the following Parties and Date

charge

• Charge with the following Parties and Date
• Charge contained in an agreement with the following Parties and Date
• Charged contained in a building agreement with the following Parties and Date
• Charged contained in a mortgage with the following Parties and Date

Lease

• Lease for the following Lease Term with the following Parties and Date
• Option to renew a lease for the following Lease Term, the option being in a lease/document with the following Parties and Date
• Option to purchase in a lease wiht the following Parties and Date
• Sub-lease with the following Sub-Lease Parties, and bearing the Sub-Lease Date for the following Sub Lease Term, deriving from a Lease with the following Parties and Date

Certificate of title

• By Registered Proprietor/s, the duplicate Certificate of Title for the land having been lost or destroyed
• By Registered Proprietor/s to prevent improper dealings
• By Registered Proprietor/s to prevent dealings under a revoked power of attorney
• Probate having been granted, by Legal Personal Representative of the deceased Registered Proprietor/s, the duplicate Certificate of Title for the land having been lost or destroyed
• Probate having been granted, by Legal Personal Representative of the deceased Registered Proprietor/s, to prevent improper dealings
• Probate having been granted, by Legal Personal Representative of the deceased Registered Proprietor/s, to prevent dealings under a revoked power of attorney

Mortgage

• Mortgage with the following Parties and Date
• Mortgage with the following Mortgage Parties and Mortgage Date for the Mortgage Term of a Lease with the following Parties and Date
• Mortgage with the following Parties and Date of the following Carbon Right
• Mortgage with the following Parties and Date of the following Carbon Right and Carbon Covenant
• Mortgage with the following Parties and Date of the following Plantation Interest

other

• The reservation of an interest in chattels affixed to the land where the right to enter, sever and remove the chattels has arisen under an agreement with the following Parties and Date
• The vesting in the Official Trustee in Bankruptcy/Trustee in Bankruptcy under section 58 of the Bankruptcy Act 1966 (Cth) of the estate of the following Parties

statutory charge

• Statutory charge arising under the following section/s of the Corporations Act 2001 (Cth)
• Statutory charge arising under section 6.64 of the Local Government Act 1995 (WA)
• Statutory charge arising under the following section/s of the Social Security Act 1991 (Cth)
• Statutory charge arising under the following section/s of the Aboriginal and Torres Strait Islander Act 2005 (Cth)

Trust or settlement

• Holder of a beneficial interest under a declaration of trust or trust document with the following Parties and Date
• Beneficiary under the will of the following deceased Party, where probate has been granted and administration of estate is completed

court / tribunal order 

•  Court Order under the Family Law Act 1975 (Cth) of the following Court, Action Number, Parties and Date conferring or recognising 

New South Wales (Estate or Interest)

Expand the drop down boxes below to view the claim categories available in PEXA.

charge

•  Agreement
• Change of Estate in Fee Simple
• Court Order

covenant charge

• Court Order

easement

• Agreement
• Court Order
• Deposited Plan
• Strata Plan
• Transfer Granting Easement
• Transfer including Easement

estate in fee simple

• Adverse Possession
• Agreement
• Appointment as Executor or Administrator
• Bankruptcy (Trustee)
• Beneficial interest In Trust
• Contract for Sale of Land
• Beneficial Interest in Deceased Estate
• Court Order
• Determination of Title Boundary
• Statutory Authorisation
• Transfer
• Transmission Application
• Trustee of Trust

estate in remainder

• Agreement
• Bankruptcy (Trustee)
• Beneficial Interest in Trust
• Beneficial Interest in Deceased Estate
• Court Order
• Transfer

forestry right

• Court Order
• Deposited Plan
• Transfer Creating a Forestry Right

lease

• Agreement
• Court Order
• Lease of Estate in Fee Simple

lien

• Agreement
• Contract for Sale of Land
• Court Order 

life estate

•  Agreement
• Bankruptcy (Trustee)
• Beneficial Interest in Deceased Estate
• Beneficial Interest in Trust
• Court Order
• Transfer

mortgage

• Court Order
• Loan Agreement
• Mortgage of Estate in Fee Simple

positive covenant for maintenance and repair

• Agreement
• Court Order
• Deposited Plan
• Strata Plan
• Transfer Granting Easement
• Transfer including Easement

profit a prendre

• Agreement
• Court Order
• Deposited Plan
• Strata Plan
• Transfer Creating a Profit a Prendre

public positive covenant

• Court Order
• Deposited Plan
• Positive Covenant
• Strata Plan

registered proprietor

• Not Applicable

restrictive covenant

• Agreement
• Court Order
• Deposited Plan
• Restriction on the Use of Land
• Strata Plan
• Transfer including Covenant

statutory charge

• Change of Estate in Fee Simple
• Court Order
• Statutory Authorisation

South Australia

Expand the drop down boxes below to view the statements of claim available in PEXA associated with the listed claim categories.

Bankruptcy

• An estate or interest in fee simple in the land described as trustee of the bankrupt estate of the caveatee pursuant to the Bankruptcy Act 1966.

charge

• An estate or interest as chargee pursuant to an agreement in writing made between the caveator and the caveatee wherein the caveatee agreed to charge his estate and interest in favour of the caveator dated.
• An estate or interest as first chargee pursuant to Section 22(1) of the Land Tax Act 1936 on the said land for the payment of Land Tax not paid after the date upon which the same became due and payable; and Section 18(1) of the Emergency Services Funding Act 1998 on the said land for the payment of Emergency Services levy not paid after the date upon which the same became due and payable.
• An estate or interest as first chargee pursuant to Section 22(1) of the Land Tax Act 1936 on the said land for the payment of Land Tax not paid after the date upon which the same became due and payable.
• An estate or interest as first chargee pursuant to Section 18(1) of the Emergency Services Funding Act 1998 on the said land for the payment of Emergency Services levy not paid after the date upon which the same became due and payable.
• An estate or interest as first chargee pursuant to Section 40(3) of the First Home and Housing Construction Grants Act 2000 on the said land for the payment of the first home owner grant not repaid after the date upon which the same became due and payable.

Homes for Homes

• Homes for Homes Charge granted to secure payment of a donation of 0.1% of the sale price upon each sale of the Land by the registered proprietor at the time of sale, under a donation deed with the Caveator and Caveatee dated.

Lease

• An estate or interest as lessee over the land described pursuant to a lease/agreement made between the caveator and caveatee dated.

Lease Extension

• An estate or interest as lessee over the land described pursuant to an extension of lease/agreement made between the caveator and caveatee dated.

mortgage

• An equitable estate or interest as mortgagee over the whole of the land described pursuant to an agreement (or mortgage) made between the caveator and the caveatee dated

Other

• An estate or interest as the administrator of the protected estate of the caveatee under the provisions of Section 39(2)(v) of the Guardianship and Administration Act 1993 that the caveatee has an estate or interest as the registered proprietor in fee simple in the whole of the land described.
• An estate or interest as Manager of the caveatee in an estate in fee simple in the whole of the land described under and by virtue of Section 28(2) of the Aged and Infirm Persons’ Property Act 1940

Purchaser

• An estate or interest in fee simple as purchaser in the land described pursuant to a contract/agreement/deed made between the caveator and caveatee dated.

Pursuant to will 

• An estate or interest in fee simple as a beneficiary of the will of the deceased caveatee dated.

trust / settlement

• To be beneficially entitled to an estate or interest in fee simple (in some indefinable share or shares) in the land described having contributed to the acquisition, maintenance and improvement of the land described.

Queensland

Expand the drop down boxes below to view the interest and grounds of claim available in PEXA.

purchase

Interest being claimed:

• An equitable equitable as purchaser of an estate in fee simple

Grounds of claim:

• Pursuant to a contract/agreement between the registered owner as vendor and the Caveator as purchaser, dated

charge

Interest being claimed:

• An equitable interest as charge of an estate in fee simple

Grounds of claim:

• Pursuant to a clause in an agreement between the registered owner and the Caveator, whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator. The clause number and agreement date are:
• Pursuant to an agreement between the registered owner and the Caveator, whereby the registered owner agreed to charge all of their interest in the land with payment of monies owing to the Caveator, dated
• Pursuant to a clause of that part of a written account application entitled 'Deed of Guarantee and Indemnity' between the registered owner and the Caveator by which the registered owner charged their interest in the land with payment of monies owing to the Caveator. The clause number and application date are:

charge

Interest being claimed:

• An equitable interest as charge of an estate in fee simple in the interest of

Grounds of claim:

• Pursuant to a clause in an agreement between the registered owner identified in the 'Interest being claimed' and the Caveator whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator.  The clause number and agreement date are:
• Pursuant to an agreement between the registered owner identified in the 'Interest being claimed' and the Caveator, whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator dated 
• Pursuant to a clause of that part of a written account application entitled "Deed of Guarantee and Indemnity" between the registered owner identified in the 'Interest being claimed' and the Caveator by which the registered owner charged their interest in the land with payment of monies owning to the Caveator. The clause number and application date are:

mortgage

Interest being claimed:

• An equitable interest as mortgagee of an estate in fee simple

Grounds of claim:

• The Caveator claims an interest as mortgagee pursuant to a clause in an agreement between the registered owner and the Caveator charging the property to secure to the Caveator the money therein stated. The clause number and agreement date are:
• The Caveator claims an interest as mortgagee pursuant to an unregistered mortgage in registrable form, to secure the money therein stated, executed by the registered owner on [mortgage date]

constructive trust

Interest being claimed:

• An equitable interest in the fee simple estate

Grounds of claim:

• Pursuant to a constructive and/or implied or resulting trust arising upon the financial and nonfinancial contributions of the Caveator to the acquisition, conservation and/or improvement of the property

trustee in bankruptcy - not in scope

Currently not in scope for electronic lodgement

Victoria

Expand the drop down boxes below to view the statements of claim (makes up the overall Grounds of Claim when it includes the Claim Party and Claim Date) available in PEXA associated with the listed claim categories.

agreeement / contract

•  Agreement with the following Parties and Date
• Part performed oral agreement with the following Parties
• Purchasers' contract with the following Parties and Date
• Purchasers' lien to secure repayment of money paid under a contract of sale with the following Parties and Date
• Unpaid Vendor under a contract of sale with the following Parties and Date
• Transfer with the following Parties and Date 

charge

• Charge contained in a building agreement with the following Parties and Date
• Charged contained in a mortgage with the following Parties and Date
• Charge contained in an agreement with the following Parties and Date
• Charge with the following Parties and Date
• Charge of shares in the Registered Proprietor with the following Parties and Date, where the holding of the shares entitles their owner to exclusive use and occupancy of an apartment/flat/unit, being part of the building erected on the land
• Subrogation to a mortgage with the following parties and date
• Subrogation to charge with the following parties and date
• Exoneration
• Former trustee's right of indemnity in trust assets

lease

• Lease with the following Parties and Date
• Lease of an apartment/flat/unit, being part of the building erected on the land, with the following Parties and Date
• Option to lease with the following Parties and Date
• Sub-Lease with the following Parties and Date
• Owner of shares in the Registered Proprietor, where the holding of shares entitles their owner to exclusive use and occupancy of an apartment/flat/unit, being part of the building erected on the land

certificate of title

• Probate having been granted, Legal Personal Representative of the deceased Registered Proprietor(s) being entitled to possession of the Certificate of Title for the land and to prevent improper dealings
• Probate having been granted, Legal Personal Representative of the deceased Registered Proprietor(s), the Certificate of Title for the land having been lost or destroyed
• Registered Proprietor(s) being entitled to possession the Certificate of Title for the land and to prevent improper dealings
• Registered Proprietor(s), the Certificate of Title for the land having been lost or destroyed

mortgage

• Mortgage with the following Parties and Date
• Mortgage of Lease with the following Parties and Date
• Mortgage of a Lease of an apartment/flat/unit, being part of the building erected on the land, with the following Parties and Date
• Mortgage of shares in the Registered Proprietor with the following Parties and Date, where the holding of the shares entitles their owner to exclusive use and occupancy of an apartment/flat/unit, being part of the building erected on the land

other

• Trustee of the bankrupt estate of the following Parties under the Bankruptcy Act 1966
• Adverse Possession by exclusive occupation
• Vested by legislation
• Unregistered easement
• Costs incurred by the Caveator insolvency practitioner exclusively for the care, preservation or realisation of the land
• Estoppel

court / tribunal order

• Court order under the Family Law Act 1975

statutory charge

• Statutory charge
• Statutory charge arising under the Corporations Act 2001
• Statutory charge arising under the Local Government Act 1989
• Statutory charge arising under the Water Act 1989
• Statutory charge arising under the Social Security Act 1991

trust / settlement

• Beneficiary/ies under the will of the following deceased Party, where probate has been granted and all debts in the estate have been paid
• Declaration of Trust with the following Parties and Date
• Implied, Resulting or Constructive Trust