I put a caveat on a property in 2012 over money owed and i really need that money now. WhT ca

[Sarah2711]

I have just spent $1000 to get the wrong advice can you help? I have a caveat on a property. The caveat was prepared by a lawyer in 2012. It was put on as I separated from my fiance and i had made significant improvements to her home, owned by her mother, on the understanding I would get my money back. I need that money to buy my own home. I was under the impression the caveat meant the mother would need to take me to court to get the caveat removed and there by starting court action to resolve the money owed. Having spent all this money to draft a letter to try and resolve this now, my lawyer has suddenly informed me that the mother can ask Landgate to remove the caveat and it is I that has to take the matter to court. If I had known that from the start I would not have bothered with the letter.

Please clarify what I have researched myself, a caveat does nothing for me except stops the mother selling the property without me having a chance to take her to court to get my money, correct?. I am still the one required to take the matter to court? Is there a deadline in which i have to do this?

Also, does my caveat run out or stay indefinately till someone does something? If I do have to go to court will I be able to get my costs back if the court decides she owes me the money, especially as I tried to resolve the matter first? Can I ask the court for more than I put on the caveat? How much is court likely to cost?

 

[Rod]

In what state is the property? Each state has their own land laws. You select state when creating the post.

 

[Sarah2711]

In what state is the property? Each state has their own land laws. You select state when creating the post.

WA