Part 2First registration of title
Chapter 2Cautions against first registration
15 Right 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.