Caveats and private mortgages are legal tools designed to safeguard those interests.
The documentation and registration process can be technical and highly regulated. We prepare and lodge everything properly, ensuring your position is secure and compliant with South Australian legislation.
A caveat is a formal notice recorded on a property title that alerts anyone dealing with the land that another party has a legal interest in it. Once lodged, it can prevent the property from being sold, refinanced or transferred without addressing that interest first.
In South Australia, a caveat can only be lodged when there is a genuine, legally recognised connection to the land, such as an unregistered mortgage, certain contractual rights, or specific equitable claims. It is not enough for someone simply to be owed money; there must be a direct interest in the property itself.
We assess your circumstances and advise whether lodging a caveat is appropriate and legally valid.
A private mortgage is a loan secured by real property where the lender is an individual or business rather than a traditional bank. These arrangements are common between family members, investors or private parties seeking more flexible lending terms.
To properly protect the lender, the mortgage must be documented clearly and registered on the Certificate of Title. Without correct registration, the lender’s security may not be enforceable.
We provide end-to-end assistance with both caveats and private mortgages, including:
– Preparing and reviewing documentation
– Registering caveats on the Certificate of Title
– Drafting and lodging private mortgage documents
– Advising on compliance requirements
– Managing discharge documentation once obligations are satisfied
– Searching titles to confirm existing encumbrances
Our focus is always on ensuring the arrangement is clear, enforceable and legally sound.
Incorrectly prepared or invalid caveats can be rejected, or worse, challenged. Similarly, poorly drafted private mortgage documents may leave a lender unprotected.
With professional conveyancing support, you can proceed confidently knowing your interest is properly secured and recorded.
Have questions about how this service works? Below you’ll find answers to the most common things clients ask us. If there’s anything else you’d like to know, we’re always here to help.
