What is a Caution Title?
Cautions against first registration are registered as a Caution Title where a property is unregistered and where a person other than the owner claims an interest in the property.
This may happen, for example, where a creditor has obtained a charging order from the court and wishes to secure it by registration of a Notice against the property. The registration will proceed once the property becomes registered, and until then notice to a potential purchaser, mortgagee or any other person having an interest in the property is provided by including a note of the caution in the Index Map (SIMR).
One can therefore see the importance of carrying out this conveyancing search whenever one is dealing with unregistered property.
Caution Titles are similar to Title Registers in their layout and are likewise accompanied by a Title Plan. The A section still relates to the Property. The B section relates to the cautioner, rather than the owner. This does not replace the owner's interest, as the owner's interest has not yet been registered. When first registration of the owner's interest is imminent, e.g. when the property is being sold or mortgaged, the solicitors for the owner will usually first deal with the cautioner's interest so that a title clear of this interest will be created for the new purchaser.
Obtaining a copy of the Caution Title
A copy of a Caution Title can be made using the Title Register search, if you know the Caution Title Number (use the Caution Title number on the application form rather than the property title or address, and state in the comment box that your application is for a Caution Title.