Private Caveat

Posted on: 2014-03-13

Question & Answer about Private Caveat (Q&A)

What is private caveat?
Shall have the effect as it expressed to bind the land itself or an undivided share in the land or merely a particular interest if any.


Who should lodge a private caveat?
Persons/bodies who has the interest on that particular property/land can lodge a private caveat.


What is the purpose of lodging a private caveat?
To forbid the owner from selling to other party without your notice.

When should we lodge a private caveat?
Up to you. As long as you have the proof saying that you have the interest on it (normally upon signing S&P).


What are the procedures of lodging a private caveat?
Fill up Form 19B, fees RM320, proof as in Statutory declaration/S&P/etc


The private caveat will be effective for how long once registered?
Once the land office receive the application, we will register it within 24 hours. The private caveat will be remained effective for 6 years if no one remove/cancel it.


Is it compulsory for house buyer to lodge a private caveat?
Up to your. If you feel secure enough that the owner is not selling to someone else in between signing up the S&P and registration of changing of name in the title, then no need to lodge the private caveat.


How much is the charges to lodge a private caveat?
RM320.00 


Can we lodge the private caveat by ourselves or it must be done by lawyer?
Individually or lawyer, both we accept, but signing purposes must be the person who has the interest.


If we borrow monies from a lender, normally they will lodge a lien-holder caveat, do we still need to lodge a private caveat? Are private caveat and lien-holder caveat serve the same purpose?
Totally two different things. Lien-holder's caveat lodged by a lender whereby the title has been deposited as a security for a loan in respect of the land.



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Source From: http://www.horlic.com/buying-a-subsale-house-lodge-a-private-caveat-during-property-transaction/

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