Q&As

A promotion agreement is entered into in relation to various parcels of land, one of which is unregistered. Can the promoter protect its interest in the promotion agreement against the unregistered land by registering a caution against first registration?

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Published on LexisPSL on 14/08/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A promotion agreement is entered into in relation to various parcels of land, one of which is unregistered. Can the promoter protect its interest in the promotion agreement against the unregistered land by registering a caution against first registration?

We refer you to HM Land Registry: Practice Guide 3—cautions against first registration, in particular paragraph 2.1, which provides:

‘...any person who claims to be entitled to an interest affecting a qualifying estate [may apply for a caution against first registration].’

The relevant statutory provision is section 15 of the Land Registration Act 2002 (LRA 2002):

‘15 Right to lodge

  1. Subject to subsection (3), a person may lodge a caution against the registration of title to an unregistered legal estate if he claims to be—

    (a) th

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