Skip to main content

News story

February 24, 2017

Vacant properties ‘stolen’ by fraudsters

A recent High Court case, Dreamvar (UK) Ltd -v- Mishcon De Reya (A Firm), demonstrated that the Land Registry could spot a fraudulent transaction.

Back in 2003, the Land Registry stopped issuing Land Certificates, and many property lawyers warned that ‘dematerialisation’ would make life easier for fraudsters.

Sadly, those who predicted going ‘paperless’ and registering the ownership of houses in a similar way to the registration of cars at the DVLA have been proved right, and property fraud is increasing.

A recent High Court case, Dreamvar (UK) Ltd -v- Mishcon De Reya (A Firm), demonstrated that the Land Registry could spot a fraudulent transaction… but only after the ‘purchase’ monies had been transferred to China!

Vacant mortgage-free properties are particularly vulnerable. Fraudsters occupy them, posing as ‘law-abiding tenants’ and then pretending to be the owners of the property. In such cases, the true owner is often an ‘absent landlord’ or one who lives abroad.

It takes a bit of luck as well as savvy to pull off such criminal activities. In the above court case, the property was in London, but the fraudster instructed a firm of solicitors in Manchester to represent him as the ‘seller’.

The Manchester firm did not go far enough with their ID checks and so believed they were representing the property’s true owner. They were also not curious as to why their ‘seller’ client appeared to know so little about his house when they had to reply to enquiries raised by the purchaser’s solicitors.

The fraudster frequently gave good reasons for needing a quick ‘sale’ and said he was going through a nasty divorce and worried that his wife might try to block the proposed sale.

On the day of completion, the Manchester firm transferred the sale proceeds to another firm of solicitors, and from there, approximately £1.1m was transferred to China.

When the Land Registry received the application to register the duped purchaser as the new owner, they spotted a discrepancy which revealed that the ‘sale’ was fraudulent.

The good news is that owners of vacant or tenanted properties should not feel helpless and are able to take steps to make fraud more difficult into their own hands.

The proprietorship register can contain up to four addresses for service for the true owner, including an email address, and the Land Registry offers a Property Alert Service.

This service alerts an owner if an application is made for official copies of the ‘deeds’ or the title register to the property.

Signing up for this service would allow you early on to spot whether your house or flat might be being targeted!

If you’re concerned about fraudulent transactions, speak to John Gillette today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Legal jargon in wills: understanding your will
    When preparing a will, it's common to encounter legal jargon that might be confusing. This article aims to clarify those terms, ensuring you understand your will completely.


    Read more
  • Electronic signatures and digital contracts
    Digital contracts are agreements or e-contracts created and executed using digital methods. Parties no longer need to print, manually sign, scan and email (or post) various sections or counterparts. "Digital contracts utilise technology that offers b


    Read more
  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Fair tips for all: New legislation ensures transparency in gratuity distribution
    New rules to ensure fairness and transparency around handling tips, gratuities, and service charges for hospitality and other service sector businesses come into force on 1 July 2024. The new rules are designed to create an even-handed approach in si


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more

What they say...

  • R Drummond, July 2024
    “Excellent, clear and effective.” Older people and LPAs

  • Abraham Levy, July 2024
    “I have been in the property industry for over 20 years and have dealt with many firms. However, my experience with RIAA Barker Gillette was nothing short of outstanding. Ben was involved with the sale of our property. He was very professional,

  • Nicholas, July 2024
    “Straightforward, no nonsense swift advice and execution. Highly responsive and provided good upfront guidance on costs. Overall, very pleased with professionalism.” Employment

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

Read more
Send this to a friend