Property Fraud

The Land Registry provides a record of property ownership in England and Wales. The name of the legal owner of a property can be found on the Proprietorship Register of the Land Registry’s Official Copies. 

Property fraud is when criminals target a property, effectively taking the legal title to it, pretending to be you, and then selling or mortgaging it.

There are three main types of property fraud:

  • Property investment fraud is when you are lured into investing in a property development scam;
  • Title fraud is where a criminal steals a property owner’s identity and changes the property title from the owner’s name to theirs. They may use a Land Registry application to do this by registering a forged transfer or mortgage (also known as registration fraud);
  • Mortgage fraud happens when criminals exploit a financial institution or private lender through the mortgage process, often misrepresenting information to obtain a larger mortgage loan.

You’re more at risk of property fraud if:

  • your identity’s been stolen;
  • you rent out your property;
  • you live overseas;
  • the property is empty;
  • the property is not mortgaged;
  • the property is not registered at HM Land Registry.

What can I do to prevent property fraud?

You can take certain steps to protect your property from being fraudulently sold or mortgaged.

You can sign up to get property alerts if someone applies to change the register of your property. For example, HM Land Registry will send you an email alert if someone tries to use your property for a mortgage. This will not automatically block any changes to the register but will alert you so that you can take appropriate action.

You can also include a restriction on your title to stop HM Land Registry from registering a sale or mortgage on your property unless a conveyancer or solicitor certifies the application was made by you.

The majority of properties in England and Wales are registered. However, your property might not be registered if you owned it before 1990 and have not mortgaged it since. It is important to ensure your property is registered to reduce the risk of property fraud and to ensure you can be compensated if you become a victim.

If you are at risk of property fraud, we can advise you on ways to prevent the possibility of fraud and apply to HM Land Registry on your behalf to include a restriction on your title.

What should I do if I become a victim of property fraud?

If you think you are a victim of property fraud, you can report it to the HM Land Registry property fraud team.

You may be able to bring a civil fraud claim to recover losses incurred as a result of the fraud. It is important to first establish whether there is a strong case against the fraudster. There may be cost consequences against anyone alleging fraud without sufficient evidence.

If successful, you may have recourse to a variety of remedies, including:

  • An account for profits where there has been a breach of fiduciary duty or confidence;
  • Rescission of contract;

Additionally, you may be able to obtain a freezing injunction to prevent the fraudster from dissipating their assets or moving them out of the reach of enforcement measures. This acts as a safeguard against situations where the court awards you damages, but the fraudster has no assets with which to pay.

We can write to the HM Land Registry property fraud team on your behalf, and advise you on the possibility of a civil fraud claim.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

 
 
 
  
 
 
 
 Mustafa Kalaycı 
 
 
 Mustafa Kalaycı 
 
21/01/2024
 
 
  
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything.  Mustafa KALAYCI
  
 
  
 
 
 
 Pauline 
 
 
 Pauline 
 
12/09/2023
 
 
  
I used Naylor Solicitors to help us purchase  our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking  legal action in that regard.  He was then able to make sure the sale went through as agreed.
I highly recommend Naylor Solicitors.
  
 
  
 
 
 
 Simon Grey 
 
 
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06/09/2022
 
 
  
We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
  
 
  
 
 
 
 Simon Hill 
 
 
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09/04/2022
 
 
  
I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
  
 
  
 
 
 
 Farook Paracha 
 
 
 Farook Paracha 
 
07/01/2022
 
 
  
Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us  clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper.
Regards
Farook Paracha
  
 
  
 
 
 
 Frazer A-F 
 
 
 Frazer A-F 
 
23/08/2021
 
 
  
We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
  
 
  
 
 
 
 Yannick Schindler 
 
 
 Yannick Schindler 
 
01/06/2021
 
 
  
Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
  
 
  
 
 
 
 claire bryant 
 
 
 claire bryant 
 
16/11/2020
 
 
  
From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.