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Combat Fraud

Without going into how this theft is carried out, the outcome is that the property is either transferred out of the rightful owner's name and into a fraudster's nom-de-plume and then sold or mortgaged or the criminal takes the identity of the rightful owner and sells the property.

It ought to be said that we have one of the finest land registration systems in the world and our Land Registry is one of the few governmant agencies that is efficient, helpful and does not cost us taxpayers a single penny to run. It is fully self funding and provides a state-backed guarantee that keeps our property market secure and buoyant. Should they get it wrong they pay up.

However, there are things we can do to help the LR to protect us against this new form of fraud. (This article assumes that your property is registered at the Land Registry, but if not, go to a solicitor and apply for voluntary registration.)

Obviously if you are in full-time occupation of the property, it is unlikely that you would be targeted as the criminal is more likely to go for the easier option of rented property or where the owner is abroad or absent for another reason. Don't forget that some of these crimes have been perpetrated by 'friends' or relatives so where there has been a breadown of a relationship or an owner has had to go into hospital or residential care, it is as well to follow the few simple procedures following.

It is amazing how few people keep the address the Land Registry holds for them up to date. For example, when you purchase a property you give an 'address for service' on the transfer document. Generally this is the address of the property you have purchased. If you subsequently purchase another property to live in and rent out the first one, woud you think to write to the Land Registry and ask them to update your records? Well this is the single most important things you can do to protect yourself against this type of property fraud. It costs nothing to change your 'address for service' and recent changes to the rules now allow three separate addresses including an e-mail address. Should the Land Registry need to contact you, notices will be sent to all three registered addresses. So, if you are going abroad for any length of time, give the Land Registry your address there and your e-mail address. As for the third, a trusted colleague or perhaps your solicitor and remember to give them instructions as to what action to take with any correspondence from the Land Registry.

If, because of your own particular circumstances, you feel you are especially vulnerable to this type of fraud, the Land Registry does offer more technical assistance. They have a standard form of 'restriction' that you can have registered. A restriction is, more or less, an instruction to the Land Registry that certain conditions have to be satisfied before any transfer of the property is allowed. You will probably be well advised to discuss this with your solicitor and the technical term you need is "Form LL (Restriction as to evidence of execution)". In a nutshell, this says that before any transfer can take place a solicitor has had to verify that the person trying to make the transfer is indeed the owner of the property. (In fact, as of March 2008 the Land Registry will require anyone trying to effect a transfer in person to have proved their bona fides in front of a solicitor or Land Registry employee - See Article)

Last but not least, be careful what you sign. Obvious yes, but worth a mention.

(Adflow Marketing has worked for some of the best-known names in the Private Investigation Industry and regularly advises on ways to combat crimes involving real property.)