What does a caveat do?
A caveat records a claimed interest on the title so anyone searching the property can see it. It works like a freeze: in most cases the owner cannot register a transfer, mortgage or other dealing while the caveat remains, unless the caveat allows it.
Registering a caveat does not prove the claimed interest exists. That question is decided by the parties or, if necessary, the courts.
Who can lodge a caveat?
Only a person with a 'caveatable interest' — a genuine legal or equitable interest in the land itself — can lodge a caveat. Common examples include a buyer under a signed contract, a lender with an unregistered mortgage, a beneficiary under a trust, or a partner who contributed to the purchase.
A caveat is not a general debt-collection tool. Lodging one without a proper basis can make the person who lodged it liable to compensate anyone who suffers loss as a result. Always get legal advice before lodging.
How caveats work in each state
| State | Key points |
|---|---|
| Queensland | Lodged with Titles Queensland under the Land Title Act 1994 (ss. 121–131). The owner can serve a notice requiring the caveator to start court proceedings; if they do not, the caveat lapses. Most caveats affect a title for between 14 days and three months unless court action follows. |
| New South Wales | A 'caveat against dealings' is lodged with NSW Land Registry Services. The owner can serve a lapsing notice, and the caveator then has a limited time to seek a Supreme Court order extending the caveat. |
| Victoria | Lodged with Land Use Victoria. Once recorded it appears on any title search and warns buyers that a third party claims rights over the property. Removal is by withdrawal, lapsing notice, or court order. |
Buying or selling a property with a caveat
- Buyers: a title search will show any caveat. Do not proceed until your conveyancer has checked what it claims and how it will be removed before settlement
- Sellers: a caveat usually must be withdrawn or removed before settlement can complete. Raise it with your conveyancer as early as possible
- If someone has lodged a caveat on your property without a proper basis, you can usually serve a lapsing notice or apply to the court — get advice quickly because time frames are short
Useful tools: our fees · instant quote · Section 32 guide
Common questions
Does a caveat mean someone owns my property?
No. A caveat only records a claimed interest. Whether that interest exists is decided by the parties or the courts, not by the titles office.
Can I sell my house if there is a caveat on it?
Usually the caveat must be withdrawn, lapsed or removed by court order before the transfer can be registered. Your conveyancer or lawyer can advise on the fastest path.
How much does it cost to lodge or remove a caveat?
Each titles office charges a lodgement fee, and legal fees depend on the dispute. Contact DJR with your situation for a quote.
Sources
- Titles Queensland — Lodging caveats
- Victoria Legal Aid LawHub — Caveats
- Land Use Victoria — Land registration glossary
- NSW Land Registry Services — Caveat forms and guides
General information only, not legal advice. Checked 23 October 2026.