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Removing caution on land registry (lodged under s53 of Land Registration Act 1925)

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  • Removing caution on land registry (lodged under s53 of Land Registration Act 1925)

    Hi All, I am in the process of purchasing a property and I have seen many land registries before however never come across any cautions. The property has the following caution:

    CAUTION in favour of MS of XXXXX, lodged by Messrs MP and

    Company of YYYYY, against the first registration of the Freehold land shown and

    tinted pink on the filed plan of the above title number filed at the

    Registry and known as (PROPERTY TO BE PRUCHASED).

    The statutory declaration accompanying the caution sets out that the

    cautioner is interested in the land as prospective purchaser under an

    Option Agreement dated 1st November 1990 and made between LG and JG of the one part and the said

    MS of the other part.


    After looking into this further, MS has passed away. What is the procedure and how long would it take to remove the caution? Are there likely to be any issues - can someone else act on behald of MS? Any guidance would be much appreciated!
    Tags: None

  • #2
    Can you obtain a copy of the option agreement? For it still to be applicable after 22 years seems unusual. Maybe the land registry can provide a copy of the statutory declaration and any exhibits.

    If they still exist, MS's rights may have passed to her heirs.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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