Quick answer
In Western Australia, a caveat loan is secured by a caveat lodged with Landgate. Landgate's guide lists 'interest as equitable mortgagee' as a standard claim, and a caveat can forbid registration of later dealings absolutely, unless they're made subject to the caveator's claim, or until notice is given. Eligible stand-alone caveats have been lodged electronically since 1 December 2018.
Key points
- Landgate keeps WA's titles register and publishes detailed caveat lodgement guides.
- A caveat lender typically claims an 'interest as equitable mortgagee'.
- WA caveats specify how strongly they restrict later dealings.
- Eligible stand-alone caveats have been lodged electronically since 1 December 2018.
- Business purposes only; $20k to $5m on property security.
- Titles office
- Landgate
- Typical claim
- Interest as equitable mortgagee
- Electronic lodgement
- Eligible caveats since 1 Dec 2018
- Loan range
- $20k – $5m
Western Australia’s titles office, Landgate, publishes some of the clearest public guidance on how caveats are prepared and lodged. That makes WA a good place to see exactly what a caveat lender records against your title — and why.
What does a WA caveat actually say?
Landgate’s caveat lodgement guide (CAV-04) requires the caveator to state its claim clearly. Standard examples include:
- a purchaser’s “equitable estate or interest as purchaser of the fee simple”;
- a lessee’s “estate or interest in leasehold as lessee”; and
- a lender’s “interest as equitable mortgagee”.
The last one is the caveat lender’s claim. It rests on the loan agreement you sign, which charges your property with repayment. For the bigger picture, see what a caveat loan is.
How strongly does a WA caveat restrict the title?
A WA caveat states which of three forms it takes. It forbids registration of later dealings:
| Form | Plain meaning |
|---|---|
| Absolutely | Nothing further is registered while the caveat stands |
| Unless the instrument is expressed to be subject to the caveator’s claim | Later dealings can register, but they take subject to the lender’s interest |
| Until after notice of the intended dealing is given to the caveator | The lender gets a warning before anything registers |
A lender will choose the form that protects its position. In practice this means a sale or refinance of the property will involve paying out the caveat lender at settlement, just like a mortgage.
Is lodgement electronic in WA?
Yes. Landgate’s guide states that from 1 December 2018 all eligible stand-alone caveats must be lodged electronically, with paper lodgement available to self-represented parties only in limited circumstances. The withdrawal when you repay is handled the same way.
Can a WA caveat be challenged?
The Transfer of Land Act gives registered proprietors a way to deal with caveats they dispute. Landgate’s guide refers to section 138, which allows a registered proprietor to summon a caveator to show cause why the caveat should not be withdrawn. That process matters if a stranger lodges a caveat on your property. With a caveat loan, you’ve agreed to the caveat as part of the deal, and it’s withdrawn once the loan is repaid.
Checking a WA property’s equity? Use the Feasibility Checker, or ask a specialist to look at it with you.
Which WA properties work best?
| Location / type | Typical appetite |
|---|---|
| Houses across metropolitan Perth | Strongest |
| Townhouses, villas and units in established suburbs | Strong |
| Houses in Mandurah, Bunbury, Busselton, Geraldton, Albany, Kalgoorlie | Good |
| Industrial units and warehouses in established Perth estates | Good |
| Mining-town housing, remote property, pastoral and specialised assets | Case by case |
What do WA businesses use caveat loans for?
- Resources and mining services mobilising crews and equipment before contract payments start.
- Construction and trades covering materials and wages between progress claims.
- Transport and logistics funding vehicle repairs or fuel accounts during a cash squeeze.
- Tax debts where the ATO is escalating — see caveat loans for ATO debt.
- Premises purchases and bridging — see commercial property.
An illustrative WA example
Illustrative only.
A Kewdale transport company has a $95,000 ATO debt and has received a director penalty notice. The director’s house in the southern suburbs is worth about $780,000 with a $340,000 loan. A $105,000 caveat loan including costs brings the combined LVR to about 57%. Funds are paid directly to the ATO, and the exit is a refinance of the home loan with the director’s bank, already under way. The 21-day window on the notice is why speed mattered — see caveat loans for ATO debt.
What should WA owners prepare?
- The certificate of title volume and folio, or lot on plan, from your rates notice or a Landgate search.
- Payout figures for every loan secured on the property.
- Photo ID for every owner and director who will sign.
- For strata property, a recent strata levy notice.
- For commercial property, the lease and outgoings.
- Exit evidence — a sale contract, refinance approval or invoice.
WA has two electronic lodgement network operators, and caveats are among the documents lodged electronically, so once documents are signed, lodgement is quick. The full list is on our documents page.
Does distance from Perth matter?
For the loan structure, no. For valuation, yes. Metropolitan Perth and the larger regional centres have plenty of comparable sales, so valuations are quick and predictable. Property in smaller mining or agricultural towns can be harder to value, and values there can move with local industry cycles. If your property is outside the main centres, tell us upfront so we can plan the valuation and set realistic expectations on the amount.
Borrowing against WA property? Let’s talk
From a Joondalup house to a Welshpool warehouse, we’ll assess your property on its merits.
It takes about 60 seconds, and no credit check happens because you asked. We don’t farm your details out to rival lenders; a specialist reviews them and gives you a call. Please be precise about who owns the property and what’s owing on it — that’s what the answer hangs on.
Frequently asked questions
What does a caveat lender claim on a WA title?
Usually an interest as equitable mortgagee, based on the loan agreement that charges the property. Landgate's lodgement guide lists this among the standard claims a caveator can make.
How does a WA caveat restrict dealings?
The caveat states whether it forbids registration of later dealings absolutely, unless they are expressed to be subject to the caveator's claim, or until after notice is given to the caveator.
Are WA caveats lodged electronically?
Eligible stand-alone caveats have had to be lodged electronically since 1 December 2018, with limited paper lodgement for self-represented parties.
Can an owner challenge a caveat in WA?
Yes. Landgate's guide refers to section 138 of the Transfer of Land Act, which lets a registered proprietor summon a caveator to show cause why the caveat shouldn't be withdrawn. That's a process for disputed caveats, not consented loan caveats.
Can I use property in regional WA?
Yes. Major centres such as Bunbury, Mandurah, Geraldton, Albany and Kalgoorlie are generally fine. Remote or specialised property takes longer to value.