A registered proprietor needs no caveat — he holds the title itself
A worked RES examination question on caveats, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
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?
The answer, and why
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.
More on Caveats
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