Notice of Caution

S_Joynson

This is not a warning of a scam, but an enquiry about whether such a scam is possible.

A friend recently broke up with a partner they had been living with for over a year. They lived together in the friends house that they'd brought during a previous partnership. When that broke up, they bought the other person out and are now the sole owners of the property.

A week after this second relationship broke up, the friend recieve a notice of caution that had been placed on the property by the disgruntled partner. They are no engaged in a bitter legal dispute with them which is costing thousands.

Upon checking with the Land Registry, the friend discovered that apparently no checks had been done to establish whether the former partner was actually entitled to issue this notice. Under the law, if the case comes to court and is dismissed then the rightful owner can claim compensation from the person taking out the notice, but not before months of anguish and thousands of wasted pounds.

So, what's to stop me just going along to the Land Registry with details of a house I have picked out and random and then issuing a Notice of Caution, then saying to the ownere 'ok matey, I'll drop the action if you give me 10 grand'?

Sounds silly don't it, but on the face of it, t'would appear to be possible.

Crayola_3

am sure u cant just walk off the street and put a caution notice on a property through the land registry

as far as I am aware it has to be done through a solicitor (who presumably would never break the law and would do all necessary checks to ensure that the person is entitled to a share of the property).

at least i hope this is the case !!!

:-/

Fran

It sounds like fraud or something to me, could cost you a lot in court. Wouldn't recommend trying it!!

System

Yep sounds like a goer to me, Under our present legal system you could make a mint out of it, worth a try I'd say

terrierlady

you are right crayola a solicitor has to put the charge on the property you will need proof that you were once either owner /entitled to put the charge on the deeds  In my case I had to show various doc: and answer lots of questions .

Nicholas

This is not a warning of a scam, but an enquiry about whether such a scam is possible.

A friend recently broke up with a partner they had been living with for over a year.  They lived together in the friends house that they'd brought during a previous partnership. When that broke up, they bought the other person out and are now the sole owners of the property.

A week after this second relationship broke up, the friend recieve a notice of caution that had been placed on the property by the disgruntled partner. They are no engaged in a bitter legal dispute with them which is costing thousands.

Upon checking with the Land Registry, the friend discovered that apparently no checks had been done to establish whether the former partner was actually entitled to issue this notice. Under the law, if the case comes to court and is dismissed then the rightful owner can claim compensation from the person taking out the notice, but not before months of anguish and thousands of wasted pounds.

So, what's to stop me just going along to the Land Registry with details of a house I have picked out and random and then issuing a Notice of Caution, then saying to the ownere 'ok matey, I'll drop the action if you give me 10 grand'?  

Sounds silly don't it, but on the face of it, t'would appear to be possible.

In order to register a caution (now known as a unilateral notice under the Land Registration Act 2002) a person would need to swear a statutory declaration (through a solicitor or commissioner for oaths) as to the grounds for the caution and/or provide supporting evidence.  The Land Registry officer would then decide if the evidence was sufficient grounds to register the caution.  Notice would then be served on the owners of the property informing them of the caution.  They could then object to the caution and get it removed (but this would normally have to be done through solicitors and then claim the costs back off the cautioner) - if the claim is proved to be false.