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How can I remove a caveat on my property to ensure a smooth sale? (NSW)

There is a caveat over my land and I want to have it removed before I sell. It's a caveat that is no longer relevant and I just need to get rid of it. Can I do this myself?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 31-10-2015
1 Lawyer Answered
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  1. Property
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • A caveat may be removed in a number of ways.
  • It can be removed through lodgement of a Withdrawal of Caveat form at Land and Property Information (LPI). The form must be signed by the caveator (the person who benefits from the caveat) or their solicitor.
  • A caveat can lapse. A person whose land is affected by the caveat may lodge an Application for Preparation of Lapsing Notice at LPI along with the lodgement fee. A notice is served on the caveator and the caveat lapses (runs out) 21 days after service of that Notice unless the caveator initiates further action extending the duration of the caveat.
  • An order of court can also remove a caveat from the title.

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