What role for caveats in protecting an older person’s interests under a failed family accommodation arrangement?
- Publisher:
- LexisNexis Australia
- Publication Type:
- Journal Article
- Citation:
- Australian Property Law Journal, 2021, 29, (3), pp. 352-368
- Issue Date:
- 2021-12-01
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| Filename | Description | Size | |||
|---|---|---|---|---|---|
| Australian Property Law Journal 21 v3article3.pdf | 111.27 kB |
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This article considers law and policy considerations that determine when (or if) a caveat can be lodged by a parent in the event of a failed family accommodation arrangement (FAA) involving real property. Central to the discussion is whether the grounds for relief argued by the parent give rise to a proprietary interest, or a mere equity. This distinction is critical in determining whether the parent can lodge a caveat to prevent dealings affecting a disputed property. The article examines the legal position of the parent and argues that, in light of the inherent legal vulnerabilities affecting such agreements between parents and their adult children, the law must be clarified to ensure that the parent can protect any potential interest they may have in a disputed property.
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