Section 69 Land Registration Law (LRL) Lagos State 2015

Section 69 of the Land Registration Law (LRL) of Lagos State 2015 provides as follows:

(1) A person having or claiming an interest in unregistered land that entitles the person to object to any disposition of the land being made without the person’s consent may apply to the Registrar for the registration of a caution to the effect that the cautioner is entitled to notice of any application for registration in respect of the land.

(2) Subject to subsection (1) of this section, once a caveat or caution has been lodged in the register, no disposition of the land, sub-lease or mortgage shall be made except to the extent the caveat or caution permits.

(3) Where a caveat or caution is subsisting, no entry affecting any disposition mentioned in subsection (2) of this Section shall be registered without the consent of the caveator or cautioner until the end of fourteen (14) working days after service by the Registrar on the caveator or cautioner of a notice of the proposed registration provided that the Registrar may-
(a) on receiving security to his satisfaction for the indemnification of every person injured by the delay, or;
(b) without receiving security, if he considers that the caveator’s or cautioner’s claim can be established and that the delay in answering the notice is due to circumstances beyond the caveator’s or cautioner’s control, postpone the proposed registration for a further period.

(4) A caveat shall set out briefly the right or interest claimed by the person lodging and-
(a) the Registrar may require such person to support the claim by a statutory declaration under the Oaths Law;
(b) if in view of the circumstances of the case he is satisfied that a caveat was lodged to protect monetary advances, he may accept it or;
(c) where he thinks it unnecessary or its purpose can be effected by the registration of a document under this Law he may reject the caveat.

(5) The Registrar shall give notice in writing of any caveat to the holder /hose land, lease or mortgage is affected by it.

(6) Once a caveat is subsisting in the register, anything inconsistent with the terms of the caveat and relating to the land, lease or mortgage affected y it, shall not be registered except with the consent of the caveator, or by order f a court of competent jurisdiction.

(7) If before the end of the period mentioned in subsection (3) of this section, it is shown to the satisfaction of the Registrar that the proposed registration will prejudicially affect the unregistered interest, the Registrar shall, as the justice of the case requires –
(a) refuse or postpone the proposed registration; or
(b) complete it subject to the prior registration,
if in the opinion of the Registrar, it will sufficiently protect the unregistered
interest.

(8) Any person who lodges a caveat or caution on any document for registration, or appears on the register as the holder of any land, sub-lease or mortgage shall, if required, provide to the Registrar in writing, a postal address for service within the State and shall in writing, inform the Registrar of any subsequent change in the address so provided.

(9) The form for the removal or withdrawal of a caution is as contained in Form 7, in Schedule I to this Law.

(10) A cautioner is entitled to notice of proposed registration of land after a caution has been registered in respect of an unregistered land and while the caution is still subsisting registration shall not be made of the land until notice has been served on the cautioner to appear and oppose the registration and until the prescribed time has elapsed after the date of the service of the notice or the cautioner has appeared which ever happens first.

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