Q&As

Where the extent of land has been incorrectly registered—with some missing—and the adjoining owners will not cooperate in clarifying the situation, can a caution be registered against the adjoining owner’s unregistered land to ensure we are notified when it is registered?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 30/11/2018

The following Property Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Where the extent of land has been incorrectly registered—with some missing—and the adjoining owners will not cooperate in clarifying the situation, can a caution be registered against the adjoining owner’s unregistered land to ensure we are notified when it is registered?

Where the extent of land has been incorrectly registered—with some missing—and the adjoining owners will not cooperate in clarifying the situation, can a caution be registered against the adjoining owner’s unregistered land to ensure we are notified when it is registered?

The answer to this is yes. Although it is no longer possible to enter a caution against dealings, it is still possible to enter a caution against first registration under section 15 of the Land Registration Act 2002 (LRA 2002). Thus, so long as the land in relation to which X claims an interest is unregistered, it is possible to do as suggested whereas if the adjoining land were registered it would only be possible to enter a unilateral notice.

The effect of a caution against registration is to require HM Land Registry to give the person who has applied for the caution—the cautioner—notice of an application for first registration of the legal estate which the cautioner claims is affected by an interest to which they are entitled (and of an application for first registration of certain other estates).

HM Land Registry keeps a register of cautions against first registration, with an individual caution register (and caution title number) for each caution. Each individual caution register consists of the caution property register and the cautioner’s register

The caution property register contains:

  1. a description of the legal

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