Q&As

A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 26/03/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?

A caution against first registration gives protection to an interest over unregistered land. Where an application is made for first registration of that land, HM Land Registry will give to the cautioner notice of that application. A caution can be registered by any person claiming to be the owner of an estate in land, a rentcharge, a franchise or a profit a prendre or any interest affecting such a legal estate.

A caution against first restriction merely gives the right to be notified of an application for first registration and to object to any such applica

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