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Paper 1 · Lesson 3 — Interests in Land, Mortgages and Caveats — priorities

Caveats

The caveat as a statutory warning of a claimed interest: who may lodge, what it does and does not do, lapse and renewal, and its priority effect.

2 questionsAnswers & explanations includedFree — no sign-up

Question 1

A buyer has completed his purchase and holds the registered title. His solicitor's clerk asks whether a caveat should now be lodged to protect him, and separately whether the title document itself could have been used to lodge one during the period before completion.

Which statement is correct?

  1. A. A caveat should be lodged now, registered proprietors most needing the protection it gives.
  2. B. No caveat is needed now, and a title is not an instrument on which one may be founded.
  3. C. No caveat is needed now, but the title could have founded one during the interim period.
  4. D. A caveat should be lodged now, and the title could equally have founded one earlier.
Show the answer and full explanation

Answer: B

The rule. A registered proprietor needs no caveat — he holds the title itself. And a title is not an instrument, so it cannot found a caveat.

Why B is correct. Both limbs.

The other options.

  • A and D advise lodging a caveat now, which mistakes what a caveat is for.
  • C gets the first limb right and the second wrong.

Exam note. Two separate misconceptions in one question, and both are reported by candidates. A caveat protects an unregistered claim; the register protects a registered one.

A registered proprietor needs no caveat — he holds the title itself →

Question 2

An owner discovers that a person with no genuine claim has lodged a caveat against his property, and that his sale has stalled as a result. The buyer's solicitor will not proceed while it stands, and the owner has already committed to another purchase.

Which statement most appropriately describes his position?

  1. A. A person who lodges a caveat without a caveatable interest may be liable in damages.
  2. B. A caveat once lodged cannot be removed, and the owner must negotiate with the caveator.
  3. C. A caveat is an order of the court and the owner has no means of challenging it at all.
  4. D. A caveat transfers a share of the ownership, which is why the sale cannot proceed.
Show the answer and full explanation

Answer: A

The rule. A caveat lodged without a caveatable interest exposes the person who lodged it to a claim in damages. It is a warning, not an order, and it confers no ownership.

Why A is correct. He has a remedy against the person who lodged it.

The other options.

  • B treats it as immovable
  • C as a court order
  • D as conferring a share of ownership.

Exam note. A caveat is easy to lodge and not free of consequence.

A caveat lodged without a caveatable interest exposes the person who lodged it to a claim in damages →

Practise it under exam conditions

Single questions test whether you know a rule. The paper tests whether you can find it in a scenario, at speed, with three plausible alternatives in the way. Start with the free 20-question half-paper.

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