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Joshua
Joshua, Lawyer
Category: UK Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How to remove a caution from a property if the person who placed

Resolved Question:

How to remove a caution from a property if the person who placed it is not traceable?
Submitted: 3 years ago.
Category: UK Law
Expert:  Joshua replied 3 years ago.
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.

Is this a caution against first registration of the property please?
Customer: replied 3 years ago.

not exactly sure what you mean with 'against first registration of the property?'

 

Expert:  Joshua replied 3 years ago.
Is the property registered land registered with the landlord registry or unregistered please?
Customer: replied 3 years ago.
I own the property together with my husband and now I am in the process of selling it and this is when I discovered a caution has been placed on it against my husband. The property is land registered
Expert:  Joshua replied 3 years ago.
  1. Thanks. What is the date of the caution and is it definitely a "caution" as opposed to a "restriction" or "notice" or "charge" please?
  2. Do you know why it was registered?
Customer: replied 3 years ago.
the caution has been registered in june 2003. it was registered as an outstanding school fee; the school has since ceased to exist and the principal/owner of the school died last month; however there were other family members employed with the school, however, my solicitor and I have been unable to trace their whereabouts. The solicitors who handled the litigation of the school have no record anymore as to whether the school fee had been received or not - I paid the fee in april 2001, but did not receive a receipt. until the sale of my property i was unaware that a caution had been placed by the school.
Expert:  Joshua replied 3 years ago.
It just sneaked in before cautions were abolished in October of that year.

It is very straightforward. You just complete this form and send it off to the Land Registry. They will serve notice on the cautioner at the address for service given and allow them 15 business days to respond objecting and providing evidence as to their entitlement to the caution. If they don't respond which seems likely given what you say, the caution will then be cancelled unless the registrar makes an order to the contrary which is not common.

There is no fee.

http://www.landreg.gov.uk/upload/documents/CCD.pdf
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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