Advice re Property Register"CAUTION"

[chgc]

I would be grateful if someone could advise me what I can do if anything with regards to a charge on my property?

The entry under Proprietorship Register/Title absolute has 3 entries.
1. Proprietor
2. Restriction (Mortgage lender)
3. Caution Oct 2003

My question is: Is there any time limitation to a caution as it is over 10 years old?
The creditor has never pursued me for the debt involved, a CCJ was issued but has now lapsed
without payment and after 6 years it is no longer on my credit file and I have a 999 Excellent rating as of today.

Thanks in advance for your help.

[enquirer]

Re: Advice re Property Register"CAUTION"

Ask the Land Registry themselves, then you'll be absolutely sure of the answer.

[chgc]

Re: Advice re Property Register"CAUTION"

Ask the Land Registry themselves, then you'll be absolutely sure of the answer.

Thank you for that quick answer, I did not realise that I could actually call them direct.
For anyone in the same boat they can be contacted on 0844 892 1111 (call charge apply 3p min)

I found out that I cannot remove a caution from my register and that it NEVER runs out of time and if I try and sell my house then Land Registry will inform the owner of the caution I am trying to sell.
The only way I can get the caution removed is to contact the owner of the caution and negotiate a settlement with them.

Is there anyone therefore who has any experience of trying to sell their house that has a caution/charge on it? If so then what options were open to you?

[wales01man]

Re: Advice re Property Register"CAUTION"

The only option is if you have a charge on the house and there is is money after paying the first charge charge it will go to the second charge holder

[chgc]

Re: Advice re Property Register"CAUTION"

Bump

Has anyone come to sell their house with a charge against it?
If so how did you deal with it and how difficult was it to sell?

Thanks

[Amethyst]

Re: Advice re Property Register"CAUTION"

I sold mine with a second charge on and it was no issue at all. The mortgage was paid first, then the second charge, then we had the remainder.

I think a caution is different to a charge though.

I think what you need to find out is whether placing a caution over your property constitues enforcement of the CCJ, I think it does, therefore the CCJ wouldn't be barred to enforcement. If it does then you are down to negotiating with the holder of the caution to release it.

[enquirer]

Re: Advice re Property Register"CAUTION"

Charges and cautions are very different. A caution is simply a warning.

[chgc]

Re: Advice re Property Register"CAUTION"

Charges and cautions are very different. A caution is simply a warning.

When I phoned the Land registry they told me that a caution was the old way that they put a charge on a house back in 2001. I was told that a caution therefore is the same as a charge.

[MissFM]

Re: Advice re Property Register"CAUTION"

When I phoned the Land registry they told me that a caution was the old way that they put a charge on a house back in 2001. I was told that a caution therefore is the same as a charge.

I don't think this is correct. A charge is what it says on the tin (ie the party who places the Charge has a claim on that sum when you sell the property) whereas a caution can be put on by anyone who has some sort of interest in the property and the Land Registry has to inform them should any change in the status quo be mooted.

One example would be if ownership were disputed (eg conflicting interests in probate or suchlike) then the suspicious party would inform the Land Registry and put a Caution on the listing so that no transfer of ownership could take place without their knowledge.

So a Caution is much broader (less specific) than a charge AFAIK.

I'm sure other members will correct this if wrong!

[des8]

Re: Advice re Property Register"CAUTION"

I think this extract from Land Registry FAQs answers the opsquestiion:

Caution against First Registration

A Caution against First Registration is a means of protecting a person's interest in an unregistered property and can be registered in respect of charging orders, rentcharges and the like.The Caution Title identifies the Cautioner and provides details of his interest in the property. The Caution is registered separately and is given a title number. In addition to a Caution Title register there is also a Title Plan showing the extent of the property affected by the Caution.A caution is not an actual registration of any estate in land. It is merely a means to trigger notification to the person who lodged the caution when an application for first registration is made. In practice the solicitor acting for the purchaser of a property will make a search at HM Land Registry, which will reveal the existence of the Caution. He will then ensure that the Cautioner's interest is dealt with before proceeding with the purchase. Thus the registration of a Caution against First Registration is an effective way of protecting an interest in an unregistered property. As the registration of all property is now compulsorily following a purchase, the Caution is always seen and must be dealt with for the purchase to proceed.There can be many cautions registered against the same property, each with their own Caution Title.

[Guest]

Re: Advice re Property Register"CAUTION"

I don't think this is correct. A charge is what it says on the tin (ie the party who places the Charge has a claim on that sum when you sell the property) whereas a caution can be put on by anyone who has some sort of interest in the property and the Land Registry has to inform them should any change in the status quo be mooted.

One example would be if ownership were disputed (eg conflicting interests in probate or suchlike) then the suspicious party would inform the Land Registry and put a Caution on the listing so that no transfer of ownership could take place without their knowledge.

So a Caution is much broader (less specific) than a charge AFAIK.

I'm sure other members will correct this if wrong!

Yes a "restriction" has a similar function on a registered estate.

[KEITH WHITEHORN]

Re: Advice re Property Register"CAUTION"

If you are the proprietor you may apply to remove a caution by completing and lodging form CCD. The Land Registry then sends notice to the cautioner (at the address given in the Land Register) requiring that person to substantiate their right to retain the auction, or submit to its removal. If the cautioner produces an arguable case why it should remain (eg it is based upon a Court Judgment such as a Charging Order) and you disagree, you may ask the Land Registry to refer the matter to its Adjudicator (who has a Judge's powers to determine fact and law). But beware, because the Adjudicator has jurisdiction with regard to costs, and the hearing procedure is formal, like any Court or Tribunal hearing, so be sure of your legal arguments before following-through in this way.