Land Registry Notices (Cautions)

Land Registry Notices (Cautions)

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Overview

The description ”Notice” in a Title Register hardly describes what it is, and its importance. The article explains what the two types of Notice are, where they are found, and what they are for.

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Purpose of a Notice

Each type of Notice does the same thing, i.e. they are registered so as to protect the priority of interests in the Title Register. Prior to the Land Registration Act 2002 Notices where described as Cautions. So registering a Notice is akin to registering a Caution.

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Agreed Notice

The main difference between an Agreed Notice and a Unilateral Notice is that an Agreed Notice can only be registered with the consent of the property owner. However, evidence to support the application must still be provided to the Land Registry, which will often be a court order. To apply for an Agreed Notice form AN1 should be used.

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Unilateral Notice

It is not necessary for the property owner to consent to a Unilateral Notice. An example of why this is the case is where an application is being made to secure a debt for which the court have given a charging order. To put an applicant on notice of an intended registration of a matter already decided by the court would only provide the opportunity to prevent the registration or to delay it.

The property owner will be notified of the registration once it has been registered. That person will continue to have the right to apply for cancellation if it is believed that such an application may be successful. To apply for a Unilateral Notice form UN1 should be used.

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Title Register

To obtain details of the Registration you should obtain an up to date copy of the Title Register.