Create a Caveat - NSW | Help Centre

[EmilyBilling]

Creating, processing and withdrawing a caveat electronically is easy with PEXA. Simply follow the steps to complete your transaction.

On this page, you’ll learn how to:

• Create and lodge a caveat online.

Login and create new workspace

Important: In R11.0.0, we're going to remove the Actions Cog button from the Participants and Documents screen. This affects the navigation path to select action items on these screens. We will update the help articles soon to reflect these changes.

1. Open www.pexa.net.au.
2. Login using your PEXA login email and password
3. Click Create New Workspace.
   
   
   • Jurisdiction = NSW
   • Representative Role = Incoming Caveator
   • Enter Land Title(s) reference number and click Validate
   • Type in your Subscriber Workspace Reference. This is your matter number or a unique reference of your choice.
   • Select Now to request land title data
   • There is no Financial Settlement
   • Select your Workgroup. This will default if you are part of one Workgroup only.
4. Click Save.

Note: Multiple land titles can be added to a Workspace (up to 20 per Workspace).

Review the Land Title

It is important to review the Land Titles screen to ensure the information returned from your Land Registry into PEXA is as you expected. To do this:

1. Select Land Titles from the left hand side navigation.
2. Review the land title details returned from the Land Registry, such as the property address, proprietor, property description, registered mortgage(s), caveats, dealing numbers etc that are currently on the title.

Note: If you have multiple land titles you can add them here.

Create Party Details in the Participant

Select the party you wish to represent in PEXA.

1. Navigate to the Participants screen from the left hand side navigation.
2. Click Create Party.
   • Select I Represent this Party.
   • The role will default to Incoming Caveator.
   • In Party type, select Individual.
   • Enter Party details, including Party Type, Date of Birth and Current/ Future address.
     Note: All parties affected by the Caveat must have address details entered against their Party record via the Participants screen.
3. Click Save.
4. Repeat this procedure for each party you are representing.

Note: If an information icon appears next to a party's name, this indicates that the party is missing some information. Select Edit Party to update the party's details. 

Create New Caveat Document

1. Click Documents on the left hand side navigation.
2. Select Create Document.
3. Select the Caveator Party record.
4. Confirm the correct Land title(s) are selected.
5. Select the Registered Proprietors affected by this caveat and add their address. 
6. Select the Estate or Interest Claimed.
7. Select the Claim Category.
8. Enter details supporting the claim.
   Note: Not required for Contract of Sale Claim Category.
9. Enter the Date of Interest claimed.
10. Select a type of Prohibition.
    Note: Qualification details is optional and only required if you wish to expand or restrict the Action Prohibited.
11. Select Party.
12. Confirm the Service of Notice details are correct.
    Note: Single Service of Notice Address: This must be a NSW Street Address.
13. Confirm Caveat Statements.
14. Click Save.

You will notice that the caveat and the lodgement instructions have both been created. Once the documents have successfully verified, the Document Status will automatically move to Prepared and Successful status.

View caveat

From the Actions column select View to view the Lodgement Instructions and Caveat

Sign caveat

From the Actions column select Sign to sign the Lodgement Instructions and Caveat

Lodge caveat with your Land Registry

You are now ready to submit the caveat for lodgement with your Land Registry.

From the Actions column select Submit for Lodgement 

When a lodgement case is received by the Land Registry, a dealing number is provided for the caveat. PEXA will return a status of Lodged for the lodgement instruction. Once examination is completed by the Land Registry, the status of the caveat returned to PEXA will be Registered. The PEXA auto refresh occurs every 10-15 seconds after verification and lodgement.

Note: You may have to manually refresh to progress the screen from Unregistered to Registered.

Also, the Workspace status is now at Complete and moves to the completed folder in PEXA from the Active Screen on ‘your dashboard’. To view this, navigate to the Workspace Summary screen in the Completed folder.

Now that you've created a caveat, learn how to Withdraw a Caveat.