A caveat is a form of injunction under the Registration of Titles Act (RTA). If you are claiming an estate or interest in a land, a caveat serves as a notice of such interest to anyone dealing with that particular property. Hence, it prevents landowners from transferring, mortgaging, or otherwise dealing with the land without your consent unless the caveat is withdrawn or a court of law orders otherwise.

If you find yourself interested in lodging a caveat, two types are available to you:

Registration caveat – Once the advertisement has been disseminated in public that a particular title is going to be issued in respect of a parcel of land, once there is an interest, you can lodge a caveat to the Registrar of Titles to prohibit the issuing of a new title within 6 weeks of the date of the advertisement.

‘Protective’ caveat-This is a caveat that can be lodged to protect your interest in a land.

 HOW IS A CAVEAT LODGED?

If you have an interest in land that you believe can be protected by a caveat, contact an Attorney-at-law, who will not only act as an agent but guide you through the lodgment process. The process may occur relatively quickly once you provide your lawyer with all the relevant information. Three essentials for a successful caveat lodgment are the following:

1. Completed Caveat form
2. Copies of the relevant documents evidencing your interest being claimed
3.  The NLA fee (0.50% of the interest that you are claiming)

HOW CAN A CAVEAT BE REMOVED?

To remove a caveat, you can simply withdraw it. Similar to the lodgment process mentioned previously, you or your attorney needs to sign a form for the withdrawal of the caveat, which is then registered.  A caveat may also be removed if it lapses. The caveat cannot be renewed in respect of the same interest after 14 days.  You can, however, before the 14 days expire, appear before a Judge and give an undertaking or security or lodge a sum of money into court as the Judge may consider sufficient to have the registration of the dealing/ lapse delayed.

Written by:

Tanelia Barriffe-Brown & Abi-Gaye White-Thomas

Personal injury is the area of law that deals with the issue of liability and compensation where one is injured as a result of an accident. Such accidents may fall within the category of a motor vehicle accident, an accident while one is on the job, a slip and fall, or any other accident where because of the negligence of another person, injury results to a Claimant.

Motor vehicle Injuries

Say you are in a taxi heading to the supermarket. The taxi man was speeding despite your warnings. The taxi-man ran the stoplight and subsequently collided with another vehicle.  The accident occurred in a matter of seconds, and you suffered a broken leg, fractured neck, and was completely traumatized while the driver of the other vehicle suffered head injuries. This is an example of personal injury case.

You, as well as the driver of the other vehicle, can claim compensation by following these five steps:

 Step 1- Ensure you are safe and out of harm’s way. After, do an assessment of yourself to see if you suffer any physical injuries that require any immediate medical attention.

Step 2- Once you are safe, call the police and let them know you were in a car crash.

Step 3- Gather the facts: While waiting on the police, attempt to gather the necessary facts, such as the information you will need for your claim. Such as driver’s license number, license plate number and insurance information.

Step 4- Get medically examined: Ensure to visit a medical doctor so that you can be examined to assess/ confirm all the injuries you have suffered. If you received medical care for injuries related to the accident, make sure to keep a record of your doctor or clinic visits, as well as medications and treatments you receive.

Step 5- Consult with your lawyer: Call an attorney and talk to them about the accident, your medical treatment, and any other information you think is important so they can evaluate your case. Your lawyer is there to help you with your claim and will present your claim to the relevant insurance company.

Work Place Injury

Say you work for a construction company. Your workplace, like all others, is required to provide a safe environment for work as stipulated under the Occupational Safety and Health Act, 2017. The concept of a safe work system is not restricted to providing proper functioning equipment; it extends to providing adequate training, supervision, notices, and warnings to employees as necessary for a safe working environment. Despite these requirements, you met in an accident while on the job. You fell off a scaffold after your employer failed to repair the equipment.

If you or someone you know is in a similar situation, follow these three key steps:

Step 1- Make an accident report to your superior. This report should entail the injury attained while completing a specific task, irrespective of how minor the injury may be.

Step 2- After making the report, visit the doctor so that a thorough examination can be conducted to assess the extent of the injury you incurred and the recovery time for said injury. All medical and pharmaceutical receipts should be kept; these will be necessary when you are claiming compensation in court.

Step 3- Lawyer Consultation: You should speak to a lawyer with experience in personal injury matters. Your lawyer will gather all the details from you about your accident and advise you on how to proceed with your claim after reviewing your case.

About Authors:

Tanelia Barriffe-Brown & Abi-Gaye White-Thomas

Balcostics Law