How to tell the difference between Caution and Restriction(caveat)

Caution vs Restriction


A caution is a notice in form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice. Where a caution has been placed on land:
i) The registrar shall give a notice in writing to the proprietor whose land, lease, or charge has been cautioned;
ii) A disposition which is inconsistent with the caution shall not be registered while the caution is still on except with the consent of the cautioner or by the order of the court
.iii) A caution may be removed by the cautioner, the court or the registrar
iv) The registrar may on application of any person interested serve notice to cautioner warning that the caution will be removed at the expiration of the time stated in the notice
v) If the cautioner would not have raised any objection at the expiry of the time stated in the notice, the registrar may remove the caution.
vi) If an objection by the cautioner is received, the registrar give the parties an opportunity to be heard after which the registrar will make orders which deems fit and may in the order provide for the payment of costs.
vii) Upon removal of caution, The registrar may refuse to accept further caution by the same person or anyone on behalf of that person in relation to same matter as a previous caution
viii) Any persons who lodges or maintains a caution wrongfully and without reasonable cause shall be liable for damages and may pay compensation in case of a suit by the person who sustained


Restrictions are inhibitions imposed by the government or the registrar to prevent fraud, or improper dealing or for any other sufficient cause. It is also called the registrar’s caveat. Restrictions are normally placed by the registrar during compulsory acquisition or during investigation of a crime or any impropriety related to the acquisition of ownership. The effects of restrictions are similar to those of other inhibitions and the manner of removal is similar.

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