26

May, 2017

Friday

Results 1 to 6 of 6
  1. #1
    Join Date
    Jun 2016
    Posts
    245

    Default Caution against first registration by owner of fee simple?

    Hello,
    A solicitor has stated the following:
    "As the owner of the fee simple absolute in possession our client is not permitted to apply for a caution against first registration."

    Is the solicitor correct?

  2. #2
    Join Date
    Jun 2016
    Posts
    245

    Default

    Does anyone know the answer to this?

  3. #3
    Join Date
    Aug 2014
    Posts
    148

    Default

    Yes he is. See https://www.gov.uk/government/public...t-registration

    "A caution is not permitted in these situations because of the prohibition under section 15(3) of the Land Registration Act 2002."

  4. #4
    Join Date
    Jun 2016
    Posts
    245

    Default

    Thanks.
    Interesting that that means an adverse possessor, because he is the owner of a freehold estate, cannot apply for a caution, but a successor adverse possessor who had the land transferred to him by the first adverse possessor can!

  5. #5
    Join Date
    Aug 2014
    Posts
    148

    Default

    Back 20 years ago, cautions were handed out like confetti to adverse possessors. The 2002 act changed that.

    And yes I agree with your surmisation.

  6. #6
    Join Date
    Jun 2016
    Posts
    245

    Default

    Oh, wow, he agrees! How wonderful!

Similar Threads

  1. Proceed with Caution?
    By tsmedley in forum Residential Letting Questions
    Replies: 7
    Last Post: 20-08-2015, 10:07 AM
  2. Caution Against First Registration unregistered land
    By jonnygee in forum Conveyancing Questions
    Replies: 50
    Last Post: 22-08-2010, 08:41 AM
  3. Caution against first registration
    By tilleytoo in forum Conveyancing Questions
    Replies: 4
    Last Post: 06-07-2009, 20:18 PM
  4. HMLR: Caution against first registration
    By Cecylia in forum Conveyancing Questions
    Replies: 6
    Last Post: 06-08-2008, 18:15 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •