On Sat, 05 Jan 2008 00:26:47 +0000, Ronald Huttner wrote:
> 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
Where do these cretins come from - talk about out-house lawyers!!!
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