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South Australia is where Torrens title began, and the Real Property Act 1886 is still the governing statute. The caveat provisions are compact and the practice is well understood by Adelaide solicitors.
The register and the Act
Land Services SA operates the land titles register on behalf of the Registrar-General. Section 191 of the Real Property Act 1886 allows a person claiming an estate or interest in land to lodge a caveat forbidding the registration of dealings. For a caveat loan, that interest is the equitable charge or unregistered mortgage in the loan agreement. South Australia has mandated electronic conveyancing, so caveats, mortgages and discharges are lodged through an electronic lodgement network.
Removal
A caveat in SA stays on the title until the caveator withdraws it, a court orders its removal, or it is removed through the notice procedure. The registered proprietor can apply to the Registrar-General, who gives the caveator 21 days notice. Unless the caveator obtains an order from the Supreme Court extending the caveat within that period, it is removed. A lender holding a properly drafted charge will obtain that order. A caveator who lodges without reasonable cause is liable for compensation.
Priority notices
A priority notice, lodged ahead of settlement, reserves priority for the listed instruments, generally for 60 days with one extension available. For a lender it closes the gap between advancing funds and registration, during which another caveat, writ or dealing might otherwise be lodged. It is particularly useful when registering a second mortgage behind an existing bank facility.
Costs
No mortgage duty has applied since 2009. Lodgement fees for the caveat, any priority notice and the withdrawal are set by regulation and adjusted each July.
Local factors
Well-located Adelaide industrial property, particularly in the northern and inner-north corridors, is among the tightest markets in Australia and values strongly. Office is read by grade, and outer land more cautiously. Regional SA property generally needs a full valuation and carries lower leverage. Market context is on the Adelaide page. This is general information, not legal advice.
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Get matched with a funderFAQ
How long does a caveat last in South Australia?
Until withdrawn, removed or lapsed. On the owner's application the Registrar-General can give the caveator 21 days notice, and the caveat is removed unless the caveator obtains a court order within that time.
What is a priority notice?
A notice lodged before settlement that reserves priority on the title for the dealings listed in it, generally for 60 days. It stops another interest slipping in between settlement and registration.
Is there mortgage duty in South Australia?
No. South Australia abolished mortgage duty in 2009. Land Services SA lodgement fees apply.