PART VIICAUTIONS AND INHIBITIONS
65Cautions against first registration.
1
Any person claiming—
a
such an interest in unregistered land as entitles him to object to a dealing therewith being made without his consent; or
b
to be an incumbrancer on unregistered land;
may—
i
if he claims otherwise than under a document registered in the registry of deeds; or
ii
if he claims under a document registered in the registry of deeds but satisfies the Registrar that such registration does not adequately protect that person's interest;
on producing an affidavit in such form as may be prescribed of his interest, lodge a caution with the Registrar to the effect that the cautioner is entitled to notice of any application that may be made for registration of an owner of the land.
2
Upon the lodgment of a caution under subsection (1), an application for first registration shall not be determined until notice has been served on the cautioner to appear and oppose, if he thinks fit, the registration, and—
a
such time as may be prescribed has elapsed since the date of the service of the notice; or
b
the cautioner has entered an appearance;
whichever first happens.
3
If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.