§ 126 — Withdrawal of caveats

126.—(1) A caveat may be withdrawn either wholly or as to part of the land thereby affected by an instrument of withdrawal signed —(a)

by the caveator or the caveator’s authorised agent including a solicitor acting on the caveator’s behalf;

(b)

where the caveator is a natural person who has died, by his or her personal representative or the trustee of the caveator’s estate;

(c)

where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;

(d)

where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;

(e)

where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —(i)

by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(ii)

by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(f)

by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).[21/2008; 8/2014; 16/2016]

(2) The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.

(3) An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.

—(1) A caveat may be withdrawn either wholly or as to part of the land thereby affected by an instrument of withdrawal signed —(a)

by the caveator or the caveator’s authorised agent including a solicitor acting on the caveator’s behalf;

(b)

where the caveator is a natural person who has died, by his or her personal representative or the trustee of the caveator’s estate;

(c)

where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;

(d)

where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;

(e)

where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —(i)

by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(ii)

by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(f)

by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).[21/2008; 8/2014; 16/2016]

(2) The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.

(3) An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.