Private Caveats NOTE 1 PDF

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PRIVATE CAVEATS NOTE National Land Code 1965  Part Nineteen- Restraints on Dealing  S 322 to 329 Private Caveats  S323 (2) Form 19 B Lodgement  S325 (1) Form 19 G Removala. Who can lodge a private caveat?  S322 (1) (a) person or person or body or bodiesb. Purpose of lodgement?  S322 (1) (b)(2...

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PRIVATE CAVEATS NOTE

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National Land Code 1965 Part Nineteen- Restraints on Dealing S 322 to 329 Private Caveats S323 (2) Form 19 B Lodgement S325 (1) Form 19 G Removal

a. Who can lodge a private caveat?  S322 (1) (a) person or person or body or bodies b. Purpose of lodgement?  S322 (1) (b)(2) and (3) to bind the whole land or undivided share therein or a particular interest therein. c. Effect of a private caveat?  S322(2) to bind the whole or undivided share therein – to prohibit the registration, endorsement entry of …(a) any dealing by the proprietor or owner thereof (b) any claim… to a tenancy exempt from…(c) any lien holder’s caveat. d. Effect of a private caveat? … Except Sec 322 (4) But it will not prohibit… (if those) instrument was presented or the application for endorsement or entry received, prior to the time from which the private caveat takes effect. What constitutes caveatable interests over another’s land? S 323 (1) (a) any person or body claiming title to, or any registrable interest in, … or any right to such title or interest. (b) … claiming to be beneficially entitled under any trust affecting any trust affecting any such land or interest; and (c) the guardian or next friend of any minor claiming to be entitled as mentioned in paragraph (b). e. What happens when the Purchaser wants to save moneys on caveat and asks you Not to lodge any private caveat? S324 (1) … Without being concerned to enquire into the validity of the claim on which it is based) give effect thereto by entering the caveat applied for… What happens when a client lends moneys to a borrower and the client asks you to lodge a private caveat over the borrower’s land so that if the borrower did not pay up by a certain period, your client wants you to transfer the latter’s land to your client? He even got hold of the borrower’s land title. f.   

How many ways are there to remove a private caveat? S 325- By the caveator S 326- By the Register following landowner’s application. Caveator must get Court Order to extend caveat. Legal action. S 327- By the Court S 328 – By lapse of 6 years

g. What happens when a caveat is wrongly lodged on another’s land?  S 329 (1) Compensation to the landowner for losses suffered.

h. When a caveat has been removed, can the caveator lodge a private caveat over the same piece of land again?  S 329 (2) No, he cannot lodge a private caveat based on the like claims as that on which the former one was based. But yes, he can lodge a private caveat based on another different claim. Can a solicitor lodge a private caveat on behalf of the client Purchaser or client’s banker? Only if the solicitor has a Power of Attorney to do so. i.

Can a landowner lodge a caveat over its own land? As per Section 323 (1) – No Case Law:  Eu Finance v Siland Sdn Bhd  (M & J Frozen Food Sdn Bhd, Intervener) 1989 1 MLJ 195...