In article "Oksana
Gutteridge" wrote:
> 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:-
>>
>> ta 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.
And you are a total, ill-informed .wit who knows NOTHING about the
law relating to what constitutes a caveatable interest. Do as you
please you useless .wit. But next time you purport to advise
someone in relation to what is a complex area of law, DO first take
the time to do some research, so that your response is correct. Yours
was definitely not. One CANNOT place a caveat on a title simply
because the title-owner owes one money. That is a popularly held
MISCONCEPTION. One MUST have a proprietary interest in the land. Check
it out in any textbook on the law relating to caveats.
Ron
|