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How to Apply for Caution Over Your Land

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 )

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