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As a general guide, any matter that can be registered as a land charge, whether or not it has been so registered, is a cautionable interest. Thus, they cannot be used if the person making the application for caution is the owner of the freehold or leasehold. It explains the nature and effect of a caution title and what happens when hm land registry receives a substantive application for first registration of an estate affected by the caution.

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What is a caution title The 2002 amendment of the lra has limited the use of caution against first registration Cautions against first registration are registered as a caution title where a property is unregistered and where a person other than the owner claims an interest in the property.

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There is no mechanism for “warning off” cautions against first registration

The cautioner will only be required to defend his or her caution when an application for first. Cancelling a caution against first registration an application can be made to have a caution title cancelled, effectively clearing the way for substantive registration. Section 77 of the land registration act 2002 imposes a duty not to lodge a caution without reasonable cause Anyone in breach of this duty may be liable to damages to anyone who suffers loss in.

A caution against first registration (referred to as a ‘caution’ throughout this practice note) is a means of protecting an interest in unregistered land A caution does not in itself create an interest in land and has. This guide gives advice on the processes involved in registering and dealing with caution titles It is aimed at conveyancers and you should interpret references to ‘you’ accordingly.

First registration of a rentcharge scale 1 fees do not apply to rentcharges

The fee is £40 fee, irrespective of the value of the rentcharge.