Withdrawal of a Caution

Registration and Withdrawal of a Caution

Introduction

  • Any person interested in registered land may protect that interest by way of a caution. The facts of a particular case and the requirements of the interested parties will normally determine which of these devices is more appropriate. The main practical distinctions are briefly described below.
  1. It can only restrict dealings by the registered owner.
  2. It will be registered before notice of its registration is given to the registered owner.
  3. Where a subsequent dealing is lodged, notice will be sent to the cautioner and the onus will then be on him to object to the dealing. If he fails to object, the caution will automatically lapse.
  • A caution may be lodged in accordance with Rule 98, by the filing of an affidavit in LR Form 46 (Precedent 11.A). Lodgement of the Land Certificate is not essential. (Special considerations apply to cautions against first registration and cautions against reclassification of title)

 

PRECEDENT 11.A
LR FORM 46 - CAUTION

LAND REGISTRY

Folio:
County:
Registered Owner:

I, XY of ...... make oath and say as follows:

  1. I claim (or, I am solicitor on behalf of CD of ......, who claims) an interest in the land comprised in the above-mentioned folio.
  2. My interest (or, The interest of the said CD) in the land is as follows  (state the facts and refer to the documents, if any, giving rise to, or creating, such interest).
  3. I require (or, The said CD requires) that no dealing by the said registered owner with the land (or, with that part of the said land shown on the Ordnance Survey map annexed hereto and thereon edged red) be registered until notice thereof has been served on (state name and address in the United Kingdom for cautioner).

Sworn etc.

Cancellation of Cautions
A cautioner may apply to withdraw a caution, in accordance with Rule 102, by lodging an application in LR Form 50 (Precedent 11.B).
An application to discharge a caution, in the absence of the cautioner’s consent, should be made in writing signed by the registered owner or his solicitor and should set out the grounds of the application and all relevant facts (Rule 99). No form is prescribed, and it is sufficient for the application to be contained in a letter.


PRECEDENT 11.B
LR FORM 50 - WITHDRAWAL OF CAUTION

LAND REGISTRY
 
Folio:
County:
Registered Owner: AB

I, XY of ...... as solicitor for CD of ...... hereby apply for the withdrawal of the caution lodged by me (or, by the said CD) on .......... 20..

Dated:
Signed: