Caution title on unregistered land

Caution title on unregistered land

Postby osso » Wed Aug 30, 2017 6:07 pm

A number of years ago I purchased a property which was accessed via an unadopted track, the property was bought under probate and we were never able to establish true ownership as it was unregistered. It has since come to light that the previous owner of the property lodged a caution for the unregistered land over 35 years ago under section 53 of the land registration act 1925. The details of the caution clearly highlights the track on the plan and states that the cautioner is interested in the land as “beneficial owner in fee simple”

Could someone translate what “beneficial owner in fee simple” actually means in simple terms?

Is this evidence that the previous owner obtained the land by adverse possession? I would like to investigate this further to determine whether the caution can be updated to register my interest as the cautioner has since deceased, or to determine whether this could be a route to a possession title?

Any advice would be welcomed.
osso
 
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Re: Caution title on unregistered land

Postby ukmicky » Fri Sep 01, 2017 1:24 am

Do you have a document express easement on your register of title allowing you access over the track.

I could be wrong but It says to me that you have no express easement and the previous owner of your property wished to protect his lands access rights over the track, so he registered a caution in order to prevent any dealing with the land without his knowledge .

If it is due to access rights over the track for your property once you get to 40 years it is legally deemed absolute and the only thing that can be used to challenge the right is written consent like a license.

Speak to the land registry
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Caution title on unregistered land

Postby osso » Fri Sep 01, 2017 8:48 am

Hi there, thanks for your reply.

You presumed correct, there are no express easement on the deeds. My current concern is while the caution clearly states that the cautioner was the owner of my property, he is now deceased. I suspect the executor of the probate was not aware of the caution title when dealing with his estate.

Would you happen to know how cautions are handled when the cautioner is no longer exists? I guess I will need to contact the land registry and seek legal advice.
osso
 
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