The Land Registration Act 2002 (Transitional Provisions) Order 2003

Cautions against conversion

15.—(1) This article applies where, immediately before commencement, there is an entry in respect of a caution lodged under rule 215(2) of the 1925 Rules in the register of any title.

(2) In the event of an application to upgrade the title under any of subsections (1) to (5) of section 62 of the Act, the registrar shall, before determining the application, give notice of it to the person named in the entry referred to in paragraph (1).

(3) Where the person to whom notice is given, or any person deriving title under that person, responds to the notice by claiming any estate, right or interest in the land in the title, then, to the extent that the estate, right or interest subsists and is otherwise enforceable against the land, the claim is to be treated for the purpose of section 62(6) of the Act as one for an estate right or interest whose enforceability is preserved by virtue of the existing entry about the class of title.