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Family & Relationships2 mins ago
what is a caution on property deeds
2 Answers
my father died 11 months ago,we thought his exwife owned all of the property but have found out that there is a caution registered against the title in favour of my late father.
what does this actually mean.
what does this actually mean.
Answers
1 to 2 of 2
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When the property was registered in the name of your late father's ex-wife, your father indicated that he was making a claim to have an interest in the property.
The caution does not prove anything, either way, about whether your father had an interest in the property. It simply serves to warn anyone who is thinking about buying the property that the vendor might not be the outright owner of the property.
Information about cautions, and their effects, is embodied in Chapter 2 of the Land Registration Act 2002:
http://www.opsi.gov.uk/acts/acts2002/20009--d. htm#15
(If the caution was registered prior to this Act coming into effect, it would have been under the provisions of the 1925 Act. This has now been repealed and it's the 2002 Act which determines the methods by which a caution can be removed).
Chris
The caution does not prove anything, either way, about whether your father had an interest in the property. It simply serves to warn anyone who is thinking about buying the property that the vendor might not be the outright owner of the property.
Information about cautions, and their effects, is embodied in Chapter 2 of the Land Registration Act 2002:
http://www.opsi.gov.uk/acts/acts2002/20009--d. htm#15
(If the caution was registered prior to this Act coming into effect, it would have been under the provisions of the 1925 Act. This has now been repealed and it's the 2002 Act which determines the methods by which a caution can be removed).
Chris
Oh dear me, here we go again. Cautions have been done away with and replaced by Restrictions, and the rules for Restrictions are different from the old Caution rules. However, in josie's case it is that the ex-wife cannot sell the property until the Restriction is lifted, which in practical effect means that co-incidental to any sale the ex-wife or the then owner will have to pay some money to whoever inherited the Restriction.
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