Can a caveat prevent the acquisition or perfecting of rights in derogation of the caveator's rights?
Saskatchewan, Canada
The following excerpt is from Clark v. Barrick, 1948 CanLII 140 (SK CA):
In Bishop v. Western Trust Co. 1922 CanLII 94 (SK QB), [1922] 3 WWR 818, 16 Sask LR 254, Bigelow, J. held that a caveat prevented the acquisition or perfecting of rights in derogation of the caveator’s rights and the latter must prevail against a prior mortgage registered after the filing of the caveat.
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