Relevant legislation:

Transfer of Land Act 1958 Part V Division 1 (particularly s. 89; and ss. 89A and 90(3) re removal of caveats)

See Department of Sustainability and Environment for relevant guides and forms.

A caveat may be placed on land to notify of the older person’s potential interest in a property that they had transferred or that they have partly paid for in an informal exchange for care, so that they can continue to live in what was once their home or be cared for in their adult child’s or family member’s new home.

The use of a caveat to prevent any further dealings by the Registrar of Titles on the relevant property may be seen, however, as a provocative act and should be dealt with tactfully where the preservation of family relationships is a priority.

What is your client seeking to achieve?