Removal of Caution

See also Baalman and Wells (paras.487 to 489)

Deed for value

The Caution may be removed:

  • by registration of a transfer for value after the expiration of 6 years from the date of the Caution - by lodgment of an appropriate Request form 17CC (PDF 591 KB)
  • in the absence of a transfer for value - after the expiration of 12 years from the date of the Caution - by lodgment of an appropriate Request form 17CC (PDF 59 KB)
  • by LPI on issue of a new certificate of title for that land after the expiration of 12 years from the date of Caution.

Note 1  A certificate of title issuing in favour of a council for a public reserve will not be qualified.

Note 2  After 12 years a caution is not enforceable, even though it is still on the title

Deed of gift

The period for the removal of the caution, will commence from the date of the first transfer for value, after which the conditions for a deed for value will apply.

Deed based on adverse possession

The caution may be removed by the lodgment of a Primary Application or after 12 years, by the lodgment of a Cancellation of Caution form 17CC (PDF 59KB) confirming the documentary owners right to recover the land has been barred see ss.28M & 28MA Real Property Act 1900 and Paragraph 485.550 of Baalman and Wells.

The Request should take the form of:

'The applicant, being the registered proprietor of the land described, hereby requests the Registrar General to cancel the caution recorded in the above folio of the Register.'