cautioner

Within the period of the notice the cautioner must withdraw or justify the claim.

The consent of any cautioner must be lodged and the prescribed fee paid.

The cautioner was Sir James Foulis of Collinton, knight.

Form 63 requires a statutory declaration (in Form 14) by either the cautioner or her solicitor disclosing the nature of the cautioner's interest.

His cautioner in the original obligation, dated 3 July 1650, was "William Lauder of Gladswood, his brother".

This is made on LR form 63, signed by the cautioner or his or her solicitor and accompanied by a statutory declaration (printed on the same form).

Murdo Mackay, VI of Aberach held the lands of Gnubmore in wadset as cautioner to chief Donald Mackay, 1st Lord Reay.

He hath satisfied and paid the debt in my name; go and apprehend the cautioner, since he hath undertaken it, nay, he hath done it, and is absolved.

The interest protected must be such as the court would enforce against the land or charge, and the cautioner must be a person interested in any land or charge registered in the name of another person.

The effect of registering a caution against dealings is that no dealing will be registered without the cautioner's consent until the expiration of a "warning off" notice (14 working days) served on the cautioner by the Chief Land Registrar.