The exact cost to remove a private caveat in Malaysia, specifically in the Federal Territory of Kuala Lumpur, is RM 300.00 per title.
Understanding the Cost of Caveat Removal
When a private caveat needs to be removed from a land title, an official fee is levied by the land office. This fee covers the administrative processing of the removal application. It's important to distinguish this from the withdrawal of a private caveat, which may have a different fee structure or be free, as sometimes indicated in official schedules.
Here's a breakdown of common fees related to caveats in the Federal Territory of Kuala Lumpur:
| Matter | Fee (RM) |
|---|---|
| Entry of lien holder's caveat | 200.00 |
| Entry of trust caveat | 100.00 |
| Withdrawal of private caveat | (Fee not specified/may vary) |
| Removal of private caveat | 300.00 |
This RM 300.00 fee applies specifically to the official removal of a private caveat per title.
The Process of Removing a Private Caveat
Removing a private caveat typically involves a formal application to the relevant Land Office. This process is usually initiated by the registered proprietor of the land who is seeking to have the caveat removed, especially if the caveator (the person who lodged the caveat) is unwilling to withdraw it voluntarily.
Here are the general steps and considerations:
- Application to the Land Office: The registered proprietor or their legal representative files an application with the Land Administrator to remove the private caveat. This application must be made on the prescribed form and accompanied by supporting documents.
- Notification to Caveator: The Land Administrator will notify the caveator about the application for removal and provide them with a specified period (e.g., one month) to show cause why the caveat should not be removed.
- Court Action (If Necessary): If the caveator objects to the removal or fails to provide sufficient cause, the registered proprietor may need to apply to the High Court for an order to remove the caveat. The court will then determine the validity of the caveat and whether it should be removed.
- Payment of Fees: Once the removal is approved, either by the Land Administrator or a court order, the prescribed fee of RM 300.00 per title must be paid for the official recording of the caveat's removal.
- Documentation: Required documents typically include identification of the applicant, land title details, the application form, and any relevant court orders or supporting affidavits.
For official forms related to land transactions, including those for caveat removal, you can often find them on the respective state's land office website. For instance, in the Federal Territory of Kuala Lumpur, relevant forms can be accessed from the official portal for the Land and Mines Office, such as on their Download Form page.
It's advisable to consult with a legal professional to ensure all procedures are correctly followed and to address any complexities that may arise during the caveat removal process.
