A Caveat is a type of injunction issued under the Registration of Titles Act that indicates an individual's declaration of a claim to an estate or interest in a property.
The caveat thereby provides formal notice of this interest to all parties engaging in transactions involving the land.
When a Caveat is lodged, it prevents any dealings with the Title. For example, a transfer or mortgage will not be registered if there is a Caveat on the Title.
A caveat may be lodged by any individual asserting an equitable estate or interest in registered land.
To lodge a caveat, the following is required:
1. The completed Caveat application, which should include your name, address & occupation; the description of the property; your interest being claimed, and an address for service of notices and proceedings. Under the Registration of Titles Act, the address provided must be within the City of Kingston only. (not St. Andrew).
2. Copies of the relevant documents showing the interest being claimed, for example, an agreement for sale, or a Last Will & Testament.
3. Statutory Declaration setting out the circumstances under which the claim arises.
4. The Registration Fees
When a Caveat is accepted, the Registrar notifies the registered owner of the claimed interest and gives them a chance to have the caveat removed if it was lodged without cause.
The Registrar may decline to accept a caveat if it does not meet statutory and procedural requirements or if the caveator has not demonstrated the necessary proprietary interest as specified by law.
Individuals who file a caveat without reasonable grounds may be held responsible for compensating the registered owner should they incur financial loss due to the caveat being recorded against the Title.
If you believe a caveat was placed on your title without reasonable cause, you can apply to the Supreme Court for its removal.