Lodge a Private Caveat during Property Transaction of Buying a Subsale House
Q1: What is private caveat?
A1: 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.
A1: 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.
Q2: Who should lodge a private caveat?
A2: Persons/bodies who has the interest on that particular property/land can lodge a private caveat.
A2: Persons/bodies who has the interest on that particular property/land can lodge a private caveat.
Q3: What is the purpose of lodging a private caveat?
A3: To forbid the owner from selling to other party without your notice.
A3: To forbid the owner from selling to other party without your notice.
Q4: When should we lodge a private caveat?
A4: Up to you. As long as you have the proof saying that you have the interest on it (normally upon signing S&P).
A4: Up to you. As long as you have the proof saying that you have the interest on it (normally upon signing S&P).
Q5: What are the procedures of lodging a private caveat?
A5: Fill up Form 19B, fees RM320, proof as in Statutory declaration/S&P/etc
A5: Fill up Form 19B, fees RM320, proof as in Statutory declaration/S&P/etc
Q6: The private caveat will be effective for how long once registered?
A6: 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.
A6: 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.
Q7: Is it compulsory for house buyer to lodge a private caveat?
A7: 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.
A7: 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.
Q8: How much is the charges to lodge a private caveat?
A8: RM 320.00
A8: RM 320.00
Q9: Can we lodge the private caveat by ourselves or it must be done by lawyer?
A9: Individually or lawyer, both we accept, but signing purposes must be the person who has the interest.
A9: Individually or lawyer, both we accept, but signing purposes must be the person who has the interest.
Q10: 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?
A10: 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. For private caveat, please refer above (A1- A9).
A10: 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. For private caveat, please refer above (A1- A9).
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