From www.bartier.com.au: A caveat can be registered on property titles to protect a person’s legal or equitable interest, which is recognized under the Real Property Act 1900 (NSW).

Constructive trusts, particularly remedial ones, can arise when it would be unjust for a property holder to retain ownership due to unconscionable actions such as fraud or breaches of fiduciary duty.

Recent case law confirms that an alleged constructive trust can support a caveatable interest, allowing parties to protect their claims on property before formal declarations are made by the court.

Filed under: Property, SME & Family Business

Leave a Comment