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Saturday, October 07, 2006

Private Caveats

What is a Private Caveat?


A caveat is a prescribed form to prevent any further transactions in property.


Who can enter private caveat?

Section 323 (1) of National Land Code states that:-
The persons and bodies at whose instance a private caveat may be entered are:-

(a) any person or body claiming title to, or any registrable interest in, any alienated land or any right to such title or interest;

(b) any person or body claiming to be beneficially entitled under 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).

How to enter private caveat?

Section 323 (2) of National Land Code further states that:-
Any such person or body wishing to apply for the entry of such a caveat shall do so in Form 19B and such application shall be attested in accordance with the provisions of Section 211 and shall state therein the nature of the claim on which his application is based, and whether the caveat is to be expressed to bind the land itself or a particular interest only.

Section 323(3) of National Land Code also states that:-
Any application under this section shall be accompanied by the prescribed fee and, so far as it sets out the claim giving rise thereto, be verified by a statutory declaration by the applicant or his advocate and solicitor.

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