"Ronald Huttner" wrote in message
news:nemoMon010708103755@news.netspace.net.au...
> 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,
Since all the facts are not known, and are very rarely given in this
context, your view is a tad distorted, Ron Ron. But that won't deter you.
The simple fact is that the registered owner of the land won't usually be
able to realise the property without removing the caveat, and that is all
the OP needs to be concerned about.
But you are an idiot, Ron Ron.
> that she needs expert legal advice. I also
> stand firmly by my view that Oksana Gutteridge is a clueless idiot
Speaking from personal experience, I see, Ron Ron.
> who
> has contributed absolutely NOTHING useful or relevant to this debate
> as yet.
There has been no debate, Ron Ron. You made a few stupid and incorrect
ramblings, and attracted a clip over the ears for it. But it won't have
been a unique experience for you, Ron Ron.
< What a gibbering idiot!! >
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