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Subject: Re: Placing a caveat on a property Posted on: Sun, 6 Jan 2008 20:51:24 +0000 (UTC)

In news:nemoSat010508050427@news.netspace.net.au,
Ronald Huttner typed:
> In article "Oksana
> Gutteridge" wrote:
>> In news:nemoSat010508111347@news.netspace.net.au,
>> Ronald Huttner typed:
>>> In article
>
>>> <59b69cc7-ae00-44c9-8c55-b88dccd7aacf@j78g2000hsd.googlegroups.com>
>>> Ann wrote:
>>>> I have a question about placing a caveat on a property.
>>>> I lived with a guy for 16 years he purchased a property,it was
>>>> put in his name only, we recently split up, and an agreement to pay
>>>> me $80,000 upon the disposal/sale of the property was drawn up
>>>> between ourselves, it was signed by myself, him and 2 witnesses one
>>>> was my son the other no relation. Is it within my best interest to
>>>> place a caveat on his property? if so how do I go about it, where
>>>> do I start? and isthere a time limit? any information on this
>>>> matter will be much appreciated.
>
>>> Was the agreement drawn up by a solicitor ? If so, you should
>>> definitely discuss the matter with him/her. A person lodging a
>>> caveat on a title must have what is known as a "caveatable interest"
>>> in the title and I doubt whether you have one. It appears, on what
>>> you have so far written, that all you currently have is a legally
>>> enforceable contractual right to a share of the proceeds of any
>>> sale, rather than an actual proprietary interest in the title of a
>>> type which would support the lodging of a caveat. Bear in mind that
>>> placing a caveat on a title without the requisite caveatable
>>> interest can result in costly legal action against the caveator, for
>>> its removal. Although I am a lawyer, property law is not a field in
>>> which I specialise. You need to consult either a family-law
>>> specialist or a conveyancing/property-law specialist. To simply go
>>> ahead and lodge a caveat without expert legal advice would, in your
>>> circumstances be risky.
>
>>> Ron
>
>> Is this clown PA on downers?
>
>> It is obviously in the O/P's interest to put a caveat on the the
>> property. Otherwise, the property could be sold and their share of
>> the proceeds disappear. It's perfectly normal. They should talk to
>> their local titles office about how to do it, and for the cost
>> involved.
>
> Before you throw more ill-informed insults, Oksana, study carefully
> the links at:-
> > ble+interest%22&btnG=Search&meta=>

I will do as I please.

> Just as a matter of interest, have
> you ever studied law ?

Yes. But that won't help you.

> I repeat, Ann, you should definitely get expert legal advice before
> lodging a caveat in your circumstances. ignore stupid ill-informed
> people like Oksana. This newsgroup is, regrettably, full of
> unqualified "bush-lawyers".
>
> Ron
>
> Ron

You are an idiot, Ron Ron.