Ronald Huttner wrote:
> 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
>
>
As regards the required for a proprietary interest, this document argues
otherwise
http://www.murdoch.edu.au/elaw/issues/v1n1/boyle11.html
It is talking about the law in WA. The OP appears to be in NSW. Assuming
the property in question is also in NSW, the relevant legislation is
http://www.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s74f.html
As observed by the article re the law in WA, the word "proprietary" does
not appear in that section.
I agree that one cannot go around slapping caveats on property merely
because the property owner owes one money, but the OP's situation is not
that simple. There is a clear link between the agreement to pay money
and the sale of the land, which is at least a tacit acceptance that the
OP has some interest in the land, even if it's not proprietary.
Now, Oksana Gutteridge indulged in some name calling, so I suppose you
were entitled to reply to him in kind. Note that I have not so indulged.
Sylvia. |