In article <47816534$0$13919$afc38c87@news.optusnet.com.au> Sylvia
Else wrote:
> 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:-
>>
>>>>
>>>> ea 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.
I am familiar with the article to which you refer in the Murdoch
E-Journal. It is merely an academic article expressing a point of view
and an argument. It argues for a more expansive view of what SHOULD be
a caveatable interest, rather than concentrating on what currently IS.
The original poster is in fact in Queensland. (She wrote to me
privately). I stand by my view that the OP does NOT have a caveatable
interest in the land, but that she needs expert legal advice. I also
stand firmly by my view that Oksana Gutteridge is a clueless idiot who
has contributed absolutely NOTHING useful or relevant to this debate
as yet.
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