Part 2First registration of title

Chapter 2Cautions against first registration

15Right to lodge

1

Subject to subsection (3), a person may lodge a caution against the registration of title to an unregistered legal estate if he claims to be—

a

the owner of a qualifying estate, or

b

entitled to an interest affecting a qualifying estate.

2

For the purposes of subsection (1), a qualifying estate is a legal estate which—

a

relates to land to which the caution relates, and

b

is an interest of any of the following kinds—

i

an estate in land,

ii

a rentcharge,

iii

a franchise, and

iv

a profit a prendre in gross.

3

No caution may be lodged under subsection (1)—

a

in the case of paragraph (a), by virtue of ownership of—

i

a freehold estate in land, or

ii

a leasehold estate in land granted for a term of which more than seven years are unexpired;

b

in the case of paragraph (b), by virtue of entitlement to such a leasehold estate as is mentioned in paragraph (a)(ii) of this subsection.

4

The right under subsection (1) is exercisable by application to the registrar.