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  • Cautions and inhibitions

    Topics:
    • Land registration, 
    • Registration Precedents

    This section contains precedents and guidelines to help you to prepare applications for registration in the Land Registry.

    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 LR form 46 (Precedent 5.A). Special considerations apply to cautions against first registration and cautions against re-classification of title.

    • LR form 46 (Precedent 5.A) - Caution

    Cancellation of cautions

    A cautioner may apply to withdraw a caution, in accordance with Rule 102, by lodging an application using LR form 50 (Precedent 5.B) in the link below:

    • LR form 50 (Precedent 5.B) - Withdrawal of caution by cautioner

    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 LR form 53 (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.

    • LR form 53 (Precedent 5.C) - Application for an Inhibition

    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 LR form 55 (Precedent 5.D).

    • LR form 55 (Precedent 5.D) - Application to withdraw an inhibition on consent

    An application to cancel or modify an inhibition, without consent, may be made under Rule 111 - LR form 56 (Precedent 5.E).

    • LR form 56 (Precedent 5.E) - Application to discharge or modify an inhibition without consent

    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 LR form 59 (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).

    • LR form 59 (Precedent 5.F) - Inhibition under the Criminal Justice Order or the Proceeds of Crime Act

    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.

    Related content

    • Adverse possession
    • Burdens other than charges
    • Charges - deeds and certificates
    • First registration of title to unregistered land
    • Insolvency
    • Land certificates, registered conveyancing and boundaries
    • Land Registry searches - folio, map, priority
    • Leasehold estates
    • Reclassification of title
    • Transfers affecting co-owners
    • Transfers and related matters
    • Transmission on death
    • Trusts and settlements
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