On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 29/07/1988.
8.
—(1) Subject to this section and the rules, a caveat in respect of any land may be —
(a)
given by the proprietor of the land for any estate or interest therein in favour of any person named in the caveat; or
(b)
lodged by any person claiming an estate or interest in the land.
(2) Such a caveat shall contain the following particulars:
(a)
the name of, and the address for the service of notices under this Act on, the caveator and the caveatee;
(b)
a description of the estate or interest in the land given to or claimed by the caveator.
(3) Where part of a government survey lot is affected, the caveat shall have a plan annexed edging with sufficient identity that part of the lot affected.
(4) The Registrar shall not register a caveat which does not —
(a)
disclose any estate or interest in land; or
(b)
state the government survey lot number maintained in the records of the Chief Surveyor or, in the case where part of a government survey lot is affected, does not state that part of the existing lot and does not clearly identify that part of the lot in one or more plans annexed to the caveat.
(5) Where after the acceptance of any caveat for provisional registration the Registrar discovers that the caveat does not comply with any of the requirements under this section or the rules, the Registrar may cancel the provisional registration.
(6) Notwithstanding subsections (4) and (5), the Registrar shall not be concerned to consider whether or not a caveator’s claim is justified.
(7) Where a caveat is lodged by a person claiming an estate or interest in land or by his solicitor or agent, such a person shall serve a notice by registered post on the proprietor of the land and all persons who have prior claims as shown in the register, and the Registrar shall not be concerned to inquire whether or not such a notice has been effected.
(8) If within the period during which a caveat remains in force any subsequent assurance made or executed in favour of the person to whom a caveat has been granted under subsection (1)(a) or in favour of the person who has lodged a caveat under subsection (1)(b) and conveying the same estate or interest protected by and so described in the subsisting caveat is presented and accepted for registration, such assurance when registered shall have priority as though it had been registered on the date the caveat was registered and that date shall be deemed to be the date of registration of the assurance for all purposes and to have been substituted in all certificates and other instruments for the date on which the assurance was actually presented for enrolment accordingly.
(9) A caveat registered under this Act shall, unless withdrawn by the caveator or cancelled by an order of court, be in force for a period of 5 years.