143 Refusal to remove caveat
caveat, if it is made to appear to the court
(a) that the caveator, or perso n on whose behalf the caveat has
been filed by the Registrar, as hereinafter provided, claims
an interest in the land, mortgage or encumbrance by virtue
RSA 2000
of a contract in writing for the sale and purchase of the land,
mortgage or encumbrance, signed by its vendor or by the
vendor's authorized agent, or by virtue of an assignment of
the contract, attested in the manner provided for by this Act,
and
(b) that there has been no default under the terms of the
contract, or if any default has been made that the default has
been cured before the return of the application to the court,
then the court may, and, unless it otherwise appears to be a case in
which the caveat should be removed, shall refuse to order the
removal of the caveat.
(2) An assignor of such a contract may apply to remove a caveat
filed by the assignor's assignee in cases in which default has been
made under any covenant or agreement entered into by the
assignee.
RSA 1980 cL-5 s141