Consent by a cautioner

Cautions fall into two categories: against first registration or against dealings with registered land.

Cautions against first registration

A person who has an interest in an estate that is unregistered may register a caution against first registration. When the first registration of an affecting interest, such as a lease, is lodged, notice will be served on the cautioner.

A consent should be lodged where one is available. Land Registry will in most cases also serve notice on the cautioner, but this does not negate the need to lodge a consent where available.

Cautions against dealings with registered land

Before 13 October 2003 a person who had an interest in an estate that is registered could register a caution against dealings with that estate. However, this type of caution was abolished by the Land Registration Act 2002.

Although cautions against dealings can no longer be registered, existing cautions remain in force and notice will be served on the cautioner by Land Registry when an affecting application, such as a lease, is lodged. If a consent is available it should be lodged with the application to register the lease.

This is the end of the section on consent by a cautioner.