Property · Knowledge Hub

How can a buyer protect their interest before settlement with a caveat or priority notice?.

Reviewed 12 Oct 2026
Short answer. A buyer under a contract holds an equitable interest in the land and can lodge a caveat on the title to record and protect it against competing dealings. An alternative is a priority notice, which reserves priority for a short period and can be renewed once. A caveat lodged without a proper interest can expose the lodging party to a compensation claim.

Between signing and settlement the buyer holds an equitable interest in the land. Lodging a caveat under the Transfer of Land Act 1958 records that interest on the title and prevents competing dealings being registered ahead of the buyer while the caveat stands.

A priority notice is a lighter alternative. It reserves priority for a dealing about to be lodged, lapses after a set period and can be renewed once for a further period, which suits the short run into settlement.

Whether to caveat is a judgment that weighs the small cost against the protection, and it is more commonly used on longer settlements or where the vendor's circumstances raise concern. A caveat without a genuine caveatable interest can give rise to a claim for compensation.

CMK Legal's property and conveyancing team can act on matters like this.

What to watch

A caveat lodged without a proper interest exposes the lodging party to a compensation claim. A priority notice has a limited life and a single renewal, so timing matters.

Law referenced: Transfer of Land Act 1958 (caveats and priority notices). Section C. Vendor disclosure, the section 32 statement

Disclaimer: This information is general only and is not legal, accounting, financial or tax advice. Laws and regulations change and this content may become outdated. Do not rely on it without obtaining professional advice tailored to your circumstances.

Worried about a long settlement?.

Ask a CMK Legal property lawyer whether a caveat or priority notice is warranted.