REVISION- Caveats

LAW 554

General nature of cvt

creates no interest/ any new

rights

Retain the status quo of the land

Role of cvt

1. A mean of restraint

2. operates as notice to all the world that the

registered proprietor’s title is subject to the equitable interests

alleged in the caveat

3. to preserve the status

quo pending

proceeding in the court

4. protects the interest of caveator

Types

Registrar-Enter by registrar- at his discretion

-Under cases of s. 320 (1)

Effects:1. prohibit the registration, endorsement or

entry of any instrument of dealing, any claim to the benefit of a tenancy exempt from registration and any LHC.

2. It operates retrospectivelyReasons for entry of RC:

Cases to enter RC:1.To prevent fraud or improper dealing

2. To protect the Fed/ SA or any person under the disability of minority/ mental disorder or unsound mind/ absent from the federation

3. For securing the land so that it will be available to satisfy debt due to SA /Fed, secured or unsecured, whether judgment has been obtained

4. due to an error on RDT to land or any related instrument

Withdrawal of RC

1. His own motion2. on an application by the

proprietor of the caveated land

3. pursuant to court order-Following an appeal to the court under section

417 by the RP of the land where he objects to the entry of the caveat; or under section 418 by any

person aggrieved by any decision of the Registrar to enter the caveat.

4.Cancellation of RC under s 321(3) (a)NLC

PC

• Entered by :

a person who has interest under section 323(1)

Caveatable Interest

Any person or body claiming title to any alienated land

Any person or body claiming registrable

interest in any alienated land

Any person or body claiming right to title to any alienated land

Any person or body claiming right to registrable interest in any alienated land

Examples of caveatable interest

Option to purchase in an unconditional binding contract.

Unregistered interest The purchaser of

undivided share in land who paid full

purchase price of the land and received a

transfer in registrable form but had not

surrendered the IDT to purchaser

The claim of a caveator who had been in occupation of land for more than 40 years, as against the RP

Example of uncaveatable interest

Claim in personam

Registered proprietor caveating his own land

Caveat to protect personal interest

Interest under an unlawful agreement

Parties negotiating to purchase land

Option to purchase in a conditional contract

effect of PC:

Preventing registration of any dealings including a certificate of sale on the land

Preventing entry of LHC

Preventing endorsement of Tenancy exempt granted by RP.

Removal of PC

Section 325-withdrawal by

Caveator Section 326-Removal by Registrar

Section 327-Removal by Court

LHC

Procedures:

330(1)(b) use of Form 19D together with the registered title or state lease belong to the RP; no IDT requirement under para (b) not fulfilled and reject the application for an entry of LHCForm 19D must be duly attested in accord. to section 211Prescribed fee

effects:Restraint

all dealings

vs the land

Lodgment of anor LHC

protects the non-registrable interest of the LH in the land

PO

a method of executing judgment, where the property to be seized consists of immoveable property or any

registered interest therein.

Def of PO under NLC

Section 334 NLCAn order of the High Court issued when land held by JD is to be sold in execution proceeding, prohibiting JD from effecting any dealing therewith or from affecting such dealing therewith as may be specified in the order

Who is to apply PO?

JC who does not come within the category of person who has a registrable interest or caveatable interest

over JD’s land

Lapse of PO by expiry of time (s. 338)

PO shall be valid for 6 mths from the date of registration, unless extended by an order of court & rgstd at the RT/LO before the expiration of the

PO.