For the most part, people get caught up in situations where their interests over immovable properties in the name of another are threatened. In instances where someone other than the owner claims some right over the property, it is important for the interest holder to inform the public of its legal claims over the property. One of the common ways of securing an individual’s legal interest over property belonging to another is by registering a caveat over the property. In this article we will explore the procedure for registering a caveat and the benefits thereof.

What is a caveat?

A property caveat acts as a formal notice or warning, lodged with the Deeds Registry, to indicate that a person claims a particular interest in the property. This essentially puts a ‘hold’ on the property that prevents the owner from dealing with it freely until the caveat is lifted. This interest could emanate from a variety of sources, including:    

1. An agreement to purchase the property,
2. A mortgage or loan secured against the property,
3. A claim of ownership or beneficial interest, or
4. A court order or judgment relating to the propertyThe significance of registering a caveat is that a caveator (the person lodging the caveat) is essentially placing a temporary freeze on any further dealings with the property until their claim has been resolved.

The Process for Registering a Caveat:

A caveat can be registered through a Court Order. Parties may draft consent papers and approach a competent court for an order to have a caveat placed on the property concerned. It is a settled principle of the Zimbabwean Law that courts will only order a caveat to be placed on the property of another if the applicant demonstrates that he/she has a caveatable interest. In some decided cases in our jurisdiction, the law does not permit a person to lodge a caveat over another’s property without good cause. A person who applies to place a caveat over a property must show that they have an interest in the property concerned. The interest claimed must exist at the time the caveat is lodged and should not be an interest that arises in the future. The caveator must show that his claim arises from some dealing with the registered property. It is only those interests that are connected to the property that can be subject of a caveat. The interest must attach to the property, thus, a person seeking to place a caveat over a property is required to show that they have caveatable interest to lodge the caveat. The caveator has to show that they have a matter pending that concerns the property.      

Based on the above, to show good cause, an applicant must show that:

• They have an interest in the property itself;
• The interest claimed must exist at the time the caveat is lodged;
• Their claim arises from some dealing with the registered property. The court goes further to emphasize that it is only interests shown to be connected to the land that can be subject of a caveat.

Benefits of Registering a Caveat

Registering a caveat provides security and several other benefits for those with a legitimate interest in a property, including:      

1. Protects your position: A caveat acts as a notice to potential buyers or lenders that your claim on the property must be addressed before any further transaction can occur that may involve or impact the property.
2. Prevents unauthorized dealings: The caveat bars the registered owner of the property from dealing with the property in a way that would affect the caveator’s interest, such as selling or mortgaging the property.
3. Buys time: The caveat registration process gives the caveator time to take legal action in a bid to resolve their claim or interest in the property.