Cautions against first registration

A caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of protecting an interest in Unregistered land. A caution does not in itself create an interest in land and has no effect on the validity or Priority of any interest the cautioner might have. It merely triggers HM Land Registry (HMLR) to give notice to a person who has applied for the caution (known as the cautioner) of any application for first registration of the legal estate in respect of the land subject to the caution. This gives the cautioner the opportunity to oppose such registration where they have reasonable cause. See HM Land Registry Practice Guide 3: Cautions against first registration for detailed guidance.

A caution can be lodged by a cautioner to protect a wide variety of interests in unregistered land—for example:

  1. • where the cautioner has contracted to buy the land, to prevent it from being disposed of without their knowledge
  2. • where the cautioner is a creditor who has obtained a charging order from the court and wishes to