Land Registry Property Alerts
Property fraud is on the rise. Criminals may attempt to obtain ownership of a home by way of registering a forged transfer document or by impersonating the registered owner in order to apply for secured loans, re-mortgage or sell the property.
The 2017 court case of fraudsters Laylah De Cruz and her mother Diane Moorcroft highlights the importance of protecting your property.
De Cruz and Moorcroft held a tenancy on a Kensington property, which the registered owner did not occupy. When the owner of the property died, De Cruz had convinced Moorcroft to change her name by Deed Poll to impersonate the deceased proprietor. After travelling to Dubai where Moorcroft opened bank accounts in the deceased’s name, the mother and daughter deceived professionals into successfully applying for a £1.2m loan against the property.
Properties which are most at risk
- The registered owner does not reside at the property, for example, the property is tenanted, or the owner may live abroad.
- Unregistered and/or mortgage free properties.
- Situations where there is a family or relationship breakdown.
The three following steps can be taken to protect your property:
1. The Land Registry Property Alerts Service
By registering with the free service provided by the Land Registry, you will be provided with an early alert of suspicious activity, such as applications or official searches against your property. The alert email will provide you with guidance on who to contact next. Although it will not restrict amendments to the title register, the alert will enable you to take the appropriate action. The service is easy to use, and you can monitor up to ten registered properties situated in England or Wales.
To sign up for this service, visit: https://propertyalert.landregistry.gov.uk/
2. Voluntary Registration
A registered property is less likely to be at risk of fraud. If you own an unregistered property, please contact me to discuss an application for the voluntary registration of your title. Once your property is registered, the Land Registry will hold up to date contact details for you (it is important to keep the details updated) and will be able to contact you easily.
A registered title is protected by state guarantee. Therefore, if you do become a victim of property fraud, you may be compensated through the Land Registry indemnity scheme.
3. Anti-Fraud Restriction
Where a registered property is empty or the legal owner does not live at the property, a restriction can be placed on the title register. The restriction requires a certificate by a solicitor verifying the identity of the seller prior to the registration of a sale or mortgage. This reduces the risk of someone other than the registered owner selling or re-mortgaging a property.
Get in touch
If you would like to discuss this further, you can contact me on 01271 818379 or email me at sarah.bourke@bhrlaw.co.uk
You can also get in touch with Brewer Harding & Rowe through the Contact Us Page, or by calling one of our offices.
Barnstaple - 01271 342271
Bideford - 01237 472666
Braunton - 01271 812033