There was an incident where two brothers wanted to sell land that belonged to their parents to some interested buyers. Eager for the transaction to be over and having negotiated a very good price, they brought the client to the office in order we could draft an agreement. I then realized that their mother had put a caution on the land. She later stated that her sons had previously tried to sell the land without her knowledge and it was by good luck that they had not succeeded. Therefore, she placed a caution on the land to prevent such an occurrence in the future.
What is a caution;
A caution is a notice in the form of a register to the effect that no action of a specified nature in relation to the land, maybe taken without first informing the person who registered it. Therefore the interests of the registered person may not be prejudiced through sale or lease by other people.
Who can place a caution on land;
It can be placed by a person who claims a right over the land, either contractually or otherwise, capable of creating a registerable interest, such a lease or a charge.
Therefore a land that has a caution on it, no dealings can take place, that are inconsistent with the registered caution until it is removed by the cautioned, by the Registrar of Lands or by the Court.
Requirements to register a caution;
In order to register a caution successfully, you should have;
1. The prescribed Form LRA 22;
2. An affidavit staying the reason for placing a caution;
3. A copy of the title deed;
4. The prescribed fee;
Therefore, visit a qualified advocate for assistance to avoid being duped.
Content created and supplied by: Mawaka (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More