Registration of a Caution in Land

 

The Land Registration Act gives any person having interest in land the right to register a Caution against it.

 

When a Caution is registered on that Land, no one is allowed to engage in any dealings on that land without first notifying the person who registered the Caution. Such dealings include; transfers, leases or charges.

 

Every Caution must be accompanied by an Affidavit and must be in the prescribed form. If not, the Registrar has every right to reject the Application. The Registrar can also reject the Application if the Caution is unnecessary. It should be noted that one does not have to give notice to the Proprietor of the land before applying for a Caution.

 

Once an application is made, the Registrar shall give Notice to the owner of the land letting them know that the Caution has been registered. After the Notice is sent, no disposition on the land will be registered at the Registry unless with the express consent of the Cautioner (the person who registered the Caution) or by an Order of the Court. In the Notice given to the owner of the land, the period the Caution is supposed to be effective should be clearly indicated.

 

A caution can be withdrawn by the Cautioner, a Court Order or by the Registrar. The Registrar can only withdraw or cancel a caution if the period indicated in the Notice has lapsed and will communicate to the Cautioner informing him that the Caution will be withdrawn on the expiration date. The Cautioner has the right to dispute this withdrawal and the Registrar shall call all parties with interest in the land for a hearing and make orders as he deems fit.

 

Upon removal or withdrawal of a Caution, the registration shall be cancelled immediately. Second Cautions by the same Cautioners will not be registered by the Registrar. It should also be noted that lodging a Caution wrongly or without reasonable cause is prohibited and any person found liable will be subjected to pay the Proprietor damages and compensation.