Section 129Part 8 — Restraints on Disposition
Withdrawal and removal of caution
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A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar.
The Registrar may, on the application of any person interested, serve notice on the cautioner warning him that his caution will be removed at the expiration of the time stated in the notice.
If, at the expiration of the time stated, the cautioner has not objected, the Registrar may remove the caution.
If the cautioner objects to the removal of the caution, he shall notify the Registrar in writing of his objection within the time specified in the notice, and the Registrar, after giving the parties an opportunity of being heard, shall make such order as he thinks fit and may, in the order, make provision for the payment of costs.
On registration of a transfer by a chargee in exercise of his powers of sale under section 75, the Registrar shall remove any caution which purports to prohibit any dealing by the chargor and which was registered after the charge by virtue of which the transfer has been effected.
On the withdrawal or removal of a caution, its registration shall be cancelled, but any liability of the cautioner previously incurred under section 131 shall not be affected by the cancellation.
Cross References
- Section 75 of Registered Land Actexternal
powers of sale under section 75
- Section 131 of Registered Land Actexternal
liability under section 131