VIC Can I remove a Caveat from my land if my Partners Ex has put one on our property?

[Jimmy76]

Hi,

My partner’s ex has placed a caveat on our block of land we have recently bought. We are preparing to build and this has put a block on our home loan.

It does not seem fair that he can block me as well from proceeding with our build. The land title is under both me and my partner’s name so I’m aware this might be an issue.

Is there any chance that I can get the caveat removed if I alone apply for removal?

 

[Rod]

You both may be able to.

BTW, if the ex improperly applied for the caveat he may be responsible not only for your court costs but damages as well.

See a property lawyer to straighten out your problem. It can be complicated involving family law property splits and whether she used her money or joint monies from the ex.

This is not something that is DIY.

 

[Paul Anthony Snow]

Hi,

My partner’s ex has placed a caveat on our block of land we have recently bought. We are preparing to build and this has put a block on our home loan.

It does not seem fair that he can block me as well from proceeding with our build. The land title is under both me and my partner’s name so I’m aware this might be an issue.

Is there any chance that I can get the caveat removed if I alone apply for removal?

In short Yes, since the Caveat was lodged to cause you harm the person lodging the Caveat most pay your costs and damages suffers.

The application to remove the Caveat is called a Section 89A application pursuant to the Transfer of Land Act.

Please don't hesitate to call Red Tree Legal on 03 5222 5359 if you have any further questions or queries.

I look forward to hearing from you.

Best Regards

Paul Snow