- (d) papers proving that—
- (i) the estate duty (including any interest thereon) to which the charge relates has been paid; or
- (ii) no estate duty is required to be paid in respect of the land or lease to which the charge relates.
(4) The Registrar may require the owner of registered land or a registered charge, or the lessee of a registered long term lease, presenting an application for the removal of a consent caution or non-consent caution under subsection (2)(b) or (c) to support the application by such evidence as the Registrar requires.
(5) A person with an interest in registered land, a registered charge or a registered long term lease affected by a consent caution or non-consent caution may apply by originating summons to the Court for the removal of the caution, and the Court may make such order on the originating summons and as to costs as to the Court appears just.
(6) On the withdrawal or removal of a consent caution or non-consent caution—
- (a) the Registrar shall remove the entry in the Title Register referring to the caution; and
- (b) any liability of the cautioner previously incurred under section 74 shall not be affected by the removal of that entry.
(7) The Registrar shall give effect to an order made under subsection (2)(a) or (5) in accordance with the provisions of the order.
74. Wrongful cautions
(1) A person who applies to register a consent caution or non-consent caution without reasonable cause shall be liable, in an action for damages at the suit of—
- (a) the owner of the registered land or registered charge concerned;
- (b) the lessee of the registered long term lease concerned; or
- (c) any other person who has an interest in the land, charge or lease,
to pay compensation to the owner, lessee or other person for any damage sustained thereby, in such amount as to the Court appears just.
(2) A cautioner under a registered consent caution or non-consent caution who fails, without reasonable excuse, to apply to the Registrar for the withdrawal of the caution within a reasonable period of time after the ground on which it was registered ceases to exist, shall be liable, in an action for damages at the suit of a person referred to in subsection (1)(a), (b) or (c), to pay compensation to that person for any damage sustained thereby, in such amount as to the Court appears just.
