§ 122 — Extension of caveats

122.—(1) At any time before a caveat has lapsed, a caveator may lodge an extension of caveat in the approved form claiming the same interest as that shown in the caveat and where such an extension of caveat has been lodged and notified in the land‑register, the caveat does not lapse until —(a)

the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the land‑register; or

(b)

where more than one extension of caveat has been lodged and notified on the land‑register before the expiration of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio.

(2) Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.

(3) The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.

(4) The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.

(5) This section also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.

(6) Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.

—(1) At any time before a caveat has lapsed, a caveator may lodge an extension of caveat in the approved form claiming the same interest as that shown in the caveat and where such an extension of caveat has been lodged and notified in the land‑register, the caveat does not lapse until —(a)

the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the land‑register; or

(b)

where more than one extension of caveat has been lodged and notified on the land‑register before the expiration of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio.

(2) Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.

(3) The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.

(4) The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.

(5) This section also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.

(6) Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.