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 Help on the Private Caveat

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edyek
post May 16 2017, 10:34 PM

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From: Land of the Hornbills & Land Below the Wind


QUOTE(hanhanhan @ May 16 2017, 01:55 PM)
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anyone can register private caveat on your property if they have the requisite supporting documents.

land office counter won't care if those docs are real or forged - as long as the required items are in order, they will register the caveat there.

BUT if u challenge in court then of cos he will lose.

if he wanna be a cb and got alot money to spare and purposely give u a hard time then of course he can purposely kacau u n put caveat there. then have to mafan u to go apply to registrar to strike off caveat n claim damages.
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I think its better we use the term "Caveatable Interest".

QUOTE
Basically, whoever has a ‘caveatable’ interest has a right to lodge a private caveat. In order for the interest to be caveatable, it must be capable of being registered. Circumstances where a caveatable interest is present include:

i. A purchaser under a sale and purchase agreement claims a right to the land title;

ii. When there is an option to purchase under an unconditional binding contract;

iii. Once a deposit is paid; a paid deposit is sufficient to give rise to a caveatable interest even though no contract was concluded; and,

iv. Equitable chargees can enter into private caveat pending registration of the charge.

Situations such as a tenancy; the owing of the balance of the purchase price, where the option of purchase has lapsed; and where the vendor has validly terminated the sale and purchase agreement, will not give rise to any caveatable interest.
http://www.theedgeproperty.com.my/content/...-private-caveat

From TS case, even his tenant lodge a caveat, it would not be caveatable. Logically, what would be his reason for the caveat? Renovation cost borne by him was due to his own initiative which does not construe part of the tenancy agreement. Moreover, if TS breach the tenancy, it can only be claim through damages as specified in the tenancy. Anyway, this is just my own opinion. Stand to be corrected.

Anyway, Cheers to TS as his tenant finally moved out without any complications.

 

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