This caution is raised when an unregistered land is set to be registered for the first time and should not confused with the caution that is registered by third parties to protect their easements and other interests in the land. As said earlier, the later is done away with under the LRA amendment of 2002.
A caution against first registration can be made any person who an interest in the land set for registration and warns people against dealing with the land that another person claims to have an interest on. When dealing on the land is affected, the person who made the caution is ‘warned off’ and given a limited time to prove his claim and establish his rights. If the cautioner fails to prove his claim, the caution is cancelled, and the land is registered. Such, a procedure was commonly used when the boundaries of a land to be registered are not clear. Upon an application of registration of the unregistered land, the cautioner is given a chance to protect his boundaries and defend his rights when an attempt is made to register the land.
The 2002 amendment of the LRA has limited the use of caution against first registration. Thus, they cannot be used if the person making the application for caution is the owner of the freehold or leasehold property for more than seven years. Today, this provision is usually to protect the rights of a person holding an easement or any other interest and wants this to be noted when the land is registered.
Mistakes on the Register
When a mistake is made on the register, the same can be rectified. Compensation is also payable when the mistake is rectified, but loss is still suffered, or when loss is suffered with the rectification, or when such errors occur in the registration system and is a result of an official search.
Example of a registered property title
Example of the title plan of a registered property
Photo courtesy: ChicagoGeek
