When a Caveat Is Not the Answer in NSW or SA – Other Ways to Protect Your Position

If you reach straight for a caveat whenever there is a disagreement about property in NSW or SA, you may be choosing the wrong tool.

A caveat is only appropriate where you hold a recognised interest in the land, not just a general concern or a future hope. Lodging a caveat without a proper basis can lead to applications to remove it and adverse costs orders against you. It can also escalate a situation that might have been resolved more effectively in another way.

Misuse of caveats can lead to:

• orders to remove the caveat at your cost

• damage to your credibility in any ongoing dispute

• distraction from more suitable avenues, such as negotiation or specific court orders

We start by assessing the nature of your interest and what you are trying to achieve. If a caveat is not appropriate, we explain why and discuss other options – such as tightening contractual terms, using undertakings, negotiating security, or seeking court orders that better match your position. The goal is to protect your interests in a way that fits the facts rather than defaulting to a caveat every time.

If you are unsure whether to lodge a caveat in NSW or SA, please speak to us before taking any step. A short discussion at the start can save you from unnecessary cost and complexity later.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and dispute is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.