Ronald Huttner 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.
No need Ron Ron. It's you. |