A caution and a restriction can both affect dealings with land, but they are not the same thing.
The distinction matters when one appears on an official search.
What is a caution?
The Land Registration Act allows a person claiming a relevant interest in land, a lease or a charge to lodge a caution.
A caution can stop specified registrations from being made without first addressing the caution.
Kenya Law sets out cautions in sections 71 to 75 of the Land Registration Act.
What is a restriction?
A restriction is entered by the Registrar to prohibit or limit dealings with land, a lease or a charge.
The Act allows restrictions for reasons including preventing fraud or improper dealing, or for another sufficient cause.
A restriction can last for a period, until an event occurs, or until a further order is made.
Why the difference matters to a buyer
If either appears on the search, do not assume the transfer can simply proceed around it.
Ask:
- who entered it
- why it was entered
- exactly what dealings it prevents
- what is required for removal or compliance
- whether a court order is involved
Can a caution be removed?
The Land Registration Act provides procedures for withdrawal and removal.
A wrongful caution lodged without reasonable cause can also expose the cautioner to a claim for damages.
That does not mean a buyer should personally try to remove one. Your advocate should establish the legal basis and correct process.
Can a restriction be removed?
A restriction may be removed or varied by the Registrar in the circumstances set out by law. A court can also become involved.
An instrument inconsistent with a registered restriction generally cannot be registered while that restriction remains in place.
What should you do during due diligence?
If a search shows either entry:
- obtain the details
- understand the underlying dispute or condition
- ask your advocate whether completion is possible
- do not release the purchase balance on the assumption that removal is automatic
See our broader guide to encumbrances on land in Kenya and the property due diligence checklist.