If you own an English property your title will probably be registered at the Land Registry and available online for public view. We believe that this exposes you to the potential risk of fraudulent Property Title Theft. No doubt you have insured you property against FIRE. Perhaps you have installed a burglar alarm to guard against the THEFT of your belongings while you are out. BUT have you taken any steps to guard against the greatest disaster of all ; FRAUD and the risk that you may unknowingly be the target of a Property Title Theft and stand to lose all at the hands of a silent and invisible fraudster? If not then contact Patrick McCloy now to discuss how Gatekeeper Protection can help to bridge the gap in your vital defences.

Background

It used to be the case that  the Land Registry would issue a Land Certificate to the owner of a property.  This was an official watermarked document, the production of which was required in order to undertake a property transaction.  Without it a property could not be sold or mortgaged.  Tampering with a Land Certificate was a criminal offence.  Replacement of a missing Land Certificate was a long and laborious process.

I In 2003 Land Certificates were scrapped. We therefore lost the one tangible document that provided clear evidence of title in hard copy form; it was decreed that henceforth all titles would be “paperless” in that they would be stored electronically on the Land Registry computer.

I In 2006 the Land Register was digitised and placed online for public view. This enabled anyone to obtain private information about your property; your identity, when you purchased, how much you paid, whether you have a mortgage and if so who with. Several years on we are now dealing with the result of these decisions.

The Effect

The abolition of the Land Certificate has  meant that there is now no need to “prove” ownership in the context of a property transaction; nor is it possible to do so. Title is no more than an electronic record which, now that the Land Register is online, is capable of being downloaded and printed out by anyone at any time.  All that is now needed to sell or otherwise deal with a registered property is to establish identity and an address (which need not even be the address of the property).  If the registered proprietor of a property is shown as being “John Smith” then anyone of that name can deal with it; no further need or ability to verify whether the seller “John Smith” and the owner “John Smith” are the same.  A simple internet search will demonstrate how easily, cheaply, and quickly a potential imposter can adopt a new name and identity. Property Title Theft can be that simple.

The Solution

Under the provisions of the Land Registration Act 2002 it is possible to enter a restriction on the title to your  property to block the registration of any transaction without the consent in writing of a named third party.  The third party is effectively appointed to act as a property “Gatekeeper" to protect and preserve your title. In our opinion the failure in certain circumstances to appoint a suitable and designated property "Gatekeeper" could  amount to a failure to exercise "proper care" so as to enable the Land Registry to refuse or reduce indemnity for fraud. If you wish to protect against Property Title Theft and would would like to discuss this issue further please either telephone our office on 01225 866563 (+441225 866563 for our overseas clients) or  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  to send us an email.

Alternatively we encourage you to look at the Gatekeeper Asset Protection website for further information, case studies and costs associated with protection.