Serve notice on the caveator

Form W-08LX (PDF 54.7 KB)

Dealing type - LX

Legislation - Schedule 1A Part 2 Clause 7 Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - Does not prevent.

The registered holder of the WAL or a co-holder of the WAL may request LPI to serve notice on the caveator. The caveat will be removed at the end of 21 calendar days after the date on which the notice to caveator was deemed to be served unless an Order of Court extending the operation of the caveat, or an injunction prohibiting the registration of a dealing etc, or a Consent of Caveator (Form W-08XC) consenting to registration of the adverse dealing, is lodged.

A notice to caveator will be sent by registered post and the service is deemed to be effected 4 working days after the day of posting, except where evidence of earlier receipt by the caveator is furnished.

(E) The number of the WAL affected by the caveat must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(G) The registered number of the caveat must be stated and be identical with that shown on the WAL folio.

(H) The name of the caveator must be stated and be identical with that shown on the WAL folio.

(I) The full name of the applicant must be stated and must be identical with the name of the registered holder of the WAL or co-holder as shown on the WAL folio.

An application to lapse a caveat may be made by less than all the registered holders of the WAL. 

The executor or administrator of a deceased registered holder may apply. The relevant probate or letters of administration must be furnished.

(J) The request must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the applicant.

See execution requirements for companies, witnesses etc pages.  Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

Staff processing information

Warning

The dealing must be referred to the Senior Examining Officer in all instances. The caveat must not be removed without a direction given by the Senior Examining Officer.

Refer to SD6.

SD6 - Obtain a copy of the caveat and refer to the SD1.