Cautions under the Land Registration Act

Abstract

The cautionary system introduced by the Land Registration Act 1981 enables a person who claims an interest in land to secure, for a limited period of time, the right to receive from the Land Registrar a notice of any intended registration. A person claiming an interest in land which has not yet been registered may lodge a caution against first registration of title to land and any person claiming an interest in land which has already been registered may lodge a caution against a dealing with registered land or against conversion of a title into a guaranteed title. Since the meaning of a caution is not defined by the law, certain difficulties arise that will be tackled in this thesis. Special problems inherent in this institute including the role of the Land Registrar, the interpretation of "interest in land" and the effect of the interruption of prescription will be discussed with a view to show how institutes of Civil Law may have been effected by the Land Registration Act.