VIC Caveat placed on title by relative.

[Skateboard]

Four years ago I purchased property from a settlement from a property that was sold where my brother and I were joint tennants. I have owned the property for four years and my brother put a caveat on it this year. The caveat states their is an implied trust. What does this mean and how can I get the caveat removed.

 

[Rod]

Have a chat to us.

We'll want to understand on what basis he is claiming an implied trust to see if one exists and whether it is worth fighting.

 

[CSFLW]

Simply, you can contest the caveat if you paid for the property and your brother did not contribute any money.

 

[Tim W]

Do you owe your brother any money?
I mean for anything, Including any (more of ) a cut of the proceeds of the original sale?

 

[Skateboard]

Have a chat to us.

We'll want to understand on what basis he is claiming an implied trust to see if one exists and whether it is worth fighting.

My brother has not provided this information to my solicitor after almost 3 months of requests.

 

[Skateboard]

Do you owe your brother any money?
I mean for anything, Including any (more of ) a cut of the proceeds of the original sale?

No. If anything he owes me money from the sale of a property. He has not provided and details regarding the caveat even after months of requests from my solicitor.

 

[Rod]

Talk to your solicitor about your options - looks like it time for action. BTW if you contest the caveat and win, he pays your costs.

 

[Skateboard]

Any costs awarded against my brother will be paid from our family’s trust assests which he has sole control over.

 

[Rod]

Hmm, does that mean he has applied for the caveat as trustee for the family trust, or on behalf of himself?

 

[Tim W]

Are you sure he even has one?
Have you checked the title documents?

Or, is he just talking "big" in an attempt to harass and intimidate you?

I agree with @Rod - time to act.
Talk to your solicitor about the prospects of an application to get the caveat lapsed.