My ex passed away on 24/4 2020. How could I put a caveat on the property. Which dept deal with tenancy and landlord.

Expert's Assistant chat
Customer: My ex passed away on 24/4 2020. How could I put a caveat on the property.
JA: What state are you in? It matters because laws vary by location.
Customer: Which dept deal with tenancy and landlord. Thanks
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: I am from Perth WA
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My ex left his will for the sale of our house to one of his previous married son and two to our sons. We have separated since 2001, but not divorced. The house is in joint name. He also has a daughter in his previous marriage. She might challenge the will. Might i put a caveat on the property or what right do I have. The house in our joint names and freehold.
Answered by John Melis in 8 hours 2 years ago
John Melis
10+ years of experience

74458 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

John Melis
10+ years of experience

74458 Satisfied customers




31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter, where you want to place a caveat on the property, what you need to do is utilise your local conveyancer or lawyer.

The alternative is to go to the titles office directly and manually lodge a caveat against the property.

The caveat will protect you and this will provide you negotiating power with your son to settle the dispute without fear of loss.

Caveats are a form of a statutory injunction and may only be lodged by persons who have an estate interest in land.

A party cannot confer a right under contract to lodge a caveat where no caveatable interest exists. However, if there is a proprietary right created through contract, which creates an interest in land a caveat can be registered against that land.

A caveatable interest is a proprietary interest. In Municipal District of Concord v Coles (1906) the court held: it is only a person who has a legal or equitable interest in land, partaking of the character of an estate in it or equitable claim to it, who can lodge a caveat.

Considering this point another way. An existing proprietary interest at law or in equity will support both the lodgement and extension of a caveat, whereas a straight contractual right will be insufficient. The legal and equitable interest must presently exist and not be a mere potentiality.

There needs to be no relationship between the registered proprietor and the interests of the caveator, all that is required to lodge a caveat is a legal or equitable interest in the property.

Once the caveat is lodged, it will remain in place until removed by the caveator or by order of the court.

Some examples of caveatable interests include:

1. A purchaser under a contract of sale.

2. A lender that finances a property.

3. A building contract which contains a charging clause for a caveat but this claim is with risk.

4. An option to purchase or repurchase land supported by valuable consideration.

5. A caveat may be lodged pursuant to an implied trust.

6. A caveat may be lodged pursuant to a constructive trust.

7. Personal representatives of a deceased estate have a right to lodge a caveat to protect the estate.

Caveats may be lodged under a range of claims, but caution must apply because wrongly lodging a caveat can destroy a registered proprietor’s right to deal with the land in the way that party requires. And in order to protect registered proprietors, a party that wrongly lodges a caveat without reasonable cause, the registered proprietor will be able to bring a claim against that party for compensation and damages sustained.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on are not substitutes for the advice of an attorney. is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer