In article <5ue1iiF1h72aqU1@mid.individual.net> Just
Browsing wrote:
> 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!!!
Instead of hurling ill-informed insults, perhaps you could tell us all
precisely what I got wrong, AND refer to some actual law to that
effect. Insults are easy. Sensibly discussing an actual legal issue
relating to the law governing caveats is a great deal harder. Why not
try it ? We'll then all discover just who is the idiot here.
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