Introduction
Any person interested in registered land may protect that interest by way of a caution or an inhibition. The facts of a particular case and the requirements of the interested parties will normally determine which of these devices is more appropriate. The main practical distinctions are briefly illustrated in the table below:
|
Caution |
Inhibition |
|---|---|
| 1. It can only restrict dealings by the registered owner. | 1. It can restrict dealings by any person (i) for a specified time (ii) until the occurrence of a specified event or (iii) until notice is given to, or consent obtained from, a specified person. |
| 2. It will be registered before notice of its registration is given to the registered owner. | 2. Unless the registered owner consents to the inhibition, the Registry must, before registering an inhibition, give notice to the registered owner, who then has an opportunity to object to the proposed registration. |
| 3. Where a subsequent dealing is lodged, notice will be sent to the cautioner and the onus will then be on him to object to the dealing. If he fails to object, the caution will automatically lapse. | 3. An inhibition which specifies that some person's consent is required may only be cancelled (i) with the consent of all interested parties, (ii) by order of the Registrar or (iii) by court order. |
Cautions
A caution may be lodged in accordance with Rule 98, by the filing of an affidavit using Precedent 5.A. Special considerations apply to cautions against first registration and cautions against re-classification of title.
Cancellation of cautions
A cautioner may apply to withdraw a caution, in accordance with Rule 102, by lodging an application using Precedent 5.B in the link below:
An application to discharge a caution, in the absence of the cautioner's consent, should be made in writing signed by the registered owner or his solicitor and should set out the grounds of the application and all relevant facts (Rule 99). No form is prescribed, and it is sufficient for the application to be contained in a letter.
Inhibitions
An application for an inhibition may be made in accordance with Rule 107 by lodging an affidavit using Precedent 5.C sworn by the applicant and exhibiting any documentary evidence relating to the interest claimed.
Anyone wishing to object under Rule 109, to the entry of an inhibition should write to the Registrar, within the relevant period, stating the grounds for such objection.
Inhibitions to protect trusts may be registered under Rule 105 (see Acquisition of land by trustees) and inhibitions with the consent of the registered owner may be registered under Rule 106. No particular form is prescribed by Rule 106 and it may be convenient to adapt Precedent 5.C and exhibit the written consent of the registered owner.
Cancellation of inhibitions
An application to withdraw an inhibition on consent, under Rule 110, may be made by the inhibitor or his solicitor by using Precedent 5.D.
An application to cancel or modify an inhibition, without consent, may be made under Rule 111 (Precedent 5.E).
Inhibitions under the Criminal Justice (Confiscation) (NI) Order 1990 or the Proceeds of Crime Act 2002
An application for registration of an inhibition under Article 13(13) of the above Order or under Section 195 of the above Act should be made using Precedent 5.F in the link below and should exhibit a certified copy of any restraint order or any application for such an order which may have been made (Rule 114).
Applications for the withdrawal or modification of such inhibitions should be made using Precedent 5.D in the link above by an official authorised by the Director of Public Prosecutions or by the prosecution, as defined in the Order.