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Land Registration Act 2002

Existing entries in the register

303.The Act will replace cautions against dealings, inhibitions, existing notices and restrictions with notices and restrictions. The transitional provisions ensure that such existing entries have a continuing effect.

304.So, under paragraph 2, existing notices under the Land Registration Act 1925 are to have the same effect as notices under the Act. Similarly, restrictions and inhibitions are to have the same effect as restrictions under the Act.

305.Sections 55 (effect of cautions against dealings) and 56 (general provisions as to cautions) of the Land Registration Act 1925 will continue to have effect in relation to cautions against dealings, so that, (depending on any rules made under paragraph 2(4)) the present system of “warning-off” a caution could continue.

306.The entries referred to in paragraph 3 are notices of deposit or notices of intended deposit of the land or charge certificate entered in the register prior to 3 April 1995 which operate as a caution under section 54 of the 1925 Act.

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