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PART 5E+WCAUTIONS AGAINST FIRST REGISTRATION

Modifications etc. (not altering text)

DefinitionsE+W

39.  In this Part—

“cautioner” has the same meaning as in section 22 of the Act (read with rule 52),

“cautioner's register“ is the register so named in rule 41(2) the contents of which are described in rule 41(5),

“relevant interest” means the interest claimed by the cautioner in the unregistered legal estate to which the caution against first registration relates.

Form and arrangement of the cautions registerE+W

40.—(1) The cautions register may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to paragraph (3), the cautions register will comprise an individual caution register for each caution against the registration of title to an unregistered estate.

(3) On registration of a caution, the registrar may open an individual caution register for each separate area of land affected by the caution as he designates.

Arrangement of individual caution registersE+W

41.—(1) Each individual caution register will have a distinguishing number, or series of letters and numbers, known as the caution title number.

(2) Each individual caution register will be in two parts called the caution property register and the cautioner's register.

(3) The caution property register will contain—

(a)a description of the legal estate to which the caution relates, and

(b)a description of the relevant interest.

(4) Where the legal estate to which the caution relates is an estate in land, a rentcharge, or an affecting franchise, the description will refer to a caution plan, which plan will be based on the Ordnance Survey map.

(5) The cautioner's register will contain—

(a)the name of the cautioner including, where the cautioner is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 M1, its registered number,

(b)an address for service in accordance with rule 198, and

(c)where appropriate, details of any person consenting to the lodging of the caution under rule 47.

Marginal Citations

Caution against first registration–applicationE+W

42.  An application for a caution against first registration must be made in Form CT1 and contain sufficient details, by plan or otherwise, so that the extent of the land to which the caution relates can be identified clearly on the Ordnance Survey map.

Withdrawal of a caution against first registration–applicationE+W

43.  An application to withdraw a caution against first registration must be made in Form WCT and, if the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.

Cancellation of a caution against first registration–applicationE+W

44.—(1) Subject to paragraph (5), an application for the cancellation of a caution against first registration must be in Form CCT.

(2) Where the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.

(3) Where a person applies under section 18(1)(a) of the Act or rule 45(a) or (b)(ii), evidence to satisfy the registrar that he is entitled to apply must accompany the application.

(4) Where the applicant, or a person from whom the applicant derives title to the legal estate by operation of law, has consented to the lodging of the caution, evidence of the facts referred to in rule 46 must accompany the application.

(5) Where an application is made for the cancellation of a caution against first registration by Her Majesty by virtue of rule 45(b)(i), Form CCT must be used with such modifications to it as are appropriate and have been approved by the registrar.

Other persons who may apply to cancel a caution against first registrationE+W

45.  In addition to the owner of the legal estate to which the caution relates—

(a)the owner of a legal estate derived out of that estate, and

(b)where the land to which the caution relates is demesne land,

(i)Her Majesty, or

(ii)the owner of a legal estate affecting the demesne land,

may apply under section 18(1)(b) of the Act for cancellation of a caution against first registration.

Application for cancellation of a caution against first registration by a person who originally consentedE+W

46.  A person to whom section 18(2) of the Act applies may make an application for cancellation of a caution against first registration only if—

(a)the relevant interest has come to an end, or

(b)the consent referred to in section 18(2) was induced by fraud, misrepresentation, mistake or undue influence or given under duress.

Consent to registration of a caution against first registrationE+W

47.  For the purposes of section 18(2) of the Act a person consents to the lodging of a caution against first registration if before the caution is entered in the cautions register—

(a)he has confirmed in writing that he consents to the lodging of the caution, and

(b)that consent is produced to the registrar.

Alteration of the cautions register by the courtE+W

48.—(1) If in any proceedings the court decides that the cautioner does not own the relevant interest, or only owns part, or that such interest either wholly or in part did not exist or has come to an end, the court must make an order for alteration of the cautions register under section 20(1) of the Act.

(2) An order for alteration of the cautions register must state the caution title number of the individual caution register affected, describe the alteration that is to be made, and direct the registrar to make the alteration.

(3) For the purposes of section 20(2) of the Act an order for alteration of the cautions register may only be served on the registrar by making an application for him to give effect to the order.

[F1Alteration of the cautions register by the registrar]E+W

[F149.—(1) Subject to paragraph (2), if the registrar is satisfied that the cautioner does not own the relevant interest, or only owns part, or that such interest did not exist or has come to an end wholly or in part, he must on application alter the cautions register under section 21(1) of the Act.

(2) The registrar is not obliged to alter the cautions register under section 21(1) of the Act to substitute another person for the cautioner in the cautioner’s register unless the whole of the relevant interest is vested in that other person by operation of law.]

Textual Amendments

Applications to the registrar to alter the cautions register and service of noticeE+W

50.—(1) A person who wishes the registrar to alter the cautions register under section 21(1) of the Act must request the registrar to do so by an application, which must include—

(a)written details of the alteration required and of the grounds on which the application is made, and

(b)any supporting document.

(2) Before the registrar alters the cautions register under section 21(1) of the Act he must serve a notice on the cautioner giving details of the application, unless the registrar is satisfied that service of the notice is unnecessary.

Alteration of the cautions register—alteration of cautionerE+W

51.—(1) A person who claims that the whole of the relevant interest described in an individual caution register is vested in him by operation of law as successor to the cautioner may apply for the register to be altered under section 21(1) of the Act to [F2substitute him for the] cautioner in the cautioner's register F3....

(2) If the registrar does not serve notice under rule 50(2) or if the cautioner does not object within the time specified in the notice, the registrar must give effect to the application.

Textual Amendments

F3Words in rule 51(1) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 12 (with rule 5)

[F4Definition of “the cautioner”]E+W

[F452.—(1) The other person referred to in sections 22 and 73(2) of the Act shall be the person for the time being shown as cautioner in the cautioner’s register, where that person is not the person who lodged the caution against first registration.

(2) Where the cautioner shown in the cautioner’s register comprises more than one person, then each such person has a separate right to object to an application made under section 18 of the Act.]

Textual Amendments

The prescribed periods under section 16(2) and section 18(4) of the ActE+W

53.—(1) The period for the purpose of section 16(2) and section 18(4) of the Act is the period ending at 12 noon on the fifteenth [F5working] day after the date of issue of the notice under section 16(1) or section 18(3) of the Act, as the case may be, or such longer period as the registrar may allow following a request under paragraph (2), provided that the longer period never exceeds a period ending at 12 noon on the thirtieth [F5working] day after the date of issue of the notice.

(2) The request referred to in paragraph (1) is one by the cautioner to the registrar setting out why the longer period referred to in that paragraph should be allowed.

(3) If a request is received under paragraph (2), the registrar may, if he considers it appropriate, seek the views of the person who applied for registration or cancellation, as the case may be, and if, after considering any such views and all other relevant matters, he is satisfied that a longer period should be allowed he may allow such period (not exceeding a period ending at 12 noon on the thirtieth [F6working] day after the date of issue of the notice) as he considers appropriate, whether or not the period is the same as any period requested by the cautioner.

(4) A request under paragraph (2) must be made before the period ending at 12 noon on the fifteenth [F7working] day after the date of issue of the notice has expired.

Textual Amendments