Property is one of the most valuable assets a person can own. Whether it is a family home, a second property, or part of a broader investment portfolio, the financial and emotional value of land and buildings is considerable. Unfortunately, this also makes property a prime target for fraud. Title fraud, where someone illegally attempts to transfer or claim ownership of a property, is becoming more common in England and Wales. The consequences can be severe, often involving the loss of property rights, financial theft, or long legal battles to reverse fraudulent transactions. Understanding the risks and knowing how to protect your property is more important than ever.
What is Property Title Fraud?
Title fraud occurs when someone gains control of your property by impersonating you or forging documents. This can involve transferring the title into their name or securing loans using your property as collateral. The crime is often discovered only after it has happened, usually when the legitimate owner is notified of a transaction they did not authorise. Because it involves falsified documentation and the manipulation of legal records, title fraud can be difficult to unwind once it has taken place.
Why Certain Properties Are More Vulnerable
Not all properties carry the same level of risk. Fraudsters are known to target particular types of properties where the likelihood of detection is lower. These typically include:
- Properties that are empty or tenanted, particularly when the owner lives elsewhere
- Properties that are mortgage-free and thus have no lender keeping an eye on them
- Properties that are not registered with HM Land Registry and therefore lack a central record
- Homes owned by people who live abroad or are in long-term care
These types of properties can be easier to impersonate or transfer unlawfully, especially when the rightful owner is not around to receive postal notifications or keep a regular eye on changes to their title.
Key Steps to Safeguard Your Property
- Register the Property with HM Land Registry
If your property is not already registered, your first step should be to apply for registration with HM Land Registry. Registration provides a clear and legally recognised record of ownership, which is much harder to falsify or manipulate. For most properties purchased in recent decades, registration is already in place, but many older properties, especially those passed down through generations, may still be unregistered. - Sign Up for the Land Registry Property Alert Service
This is a free service offered by HM Land Registry that sends you email alerts when certain activity occurs on a property you are monitoring. For example, if someone tries to change the ownership or registers a mortgage against the title, you will be notified. You do not need to own the property to set up alerts, which is particularly useful for those managing estates. You can monitor up to ten properties at once. - Place a Restriction on the Title
For an added layer of protection, you can apply to have a restriction entered on your property’s title. This restriction ensures that no changes to the register — such as a transfer of ownership or registration of a mortgage — can take place unless a solicitor or conveyancer certifies that the application has been made by you. It acts as a legal safeguard, requiring proper verification before key changes can be registered. - Keep Your Contact Details Up to Date
Many fraud cases succeed simply because the owner did not receive notification letters from HM Land Registry. It is crucial to ensure that your correspondence address is up to date. You are allowed to register up to three addresses, which can include an email address and an address abroad. Keeping this information current means you are more likely to be alerted if suspicious activity takes place. However, do be aware that these contacts details are available to the general public to view. - Work with a Trusted Solicitor for All Legal Transactions
Whether you are buying, selling, re-mortgaging or making alterations to the legal status of your property, always work with a reputable and regulated solicitor. A qualified legal professional will carry out essential identity checks and ensure that any transaction complies with current legal requirements. At CDS Mayfair, our property lawyers regularly assist clients with ownership checks, title restrictions, and due diligence to prevent fraud.
Who is Most at Risk?
While any property can be a target, the following groups are particularly at risk of title fraud:
- Absentee landlords who are not regularly at the property
- Elderly homeowners who may be less likely to monitor property updates
- Owners in hospital or long-term residential care
- People living overseas who are less accessible by post
- Executors or family members managing estates or trusts
How CDS Mayfair Can Help
At CDS Mayfair, our real estate team advises clients on a wide range of property issues, including how to proactively defend against fraud. We assist in registering titles, placing legal restrictions, conducting ownership checks, and providing advice on best practices for keeping your property secure. Whether you own a single flat or an extensive property portfolio, we can help you put the right protections in place.
Final Thought
Title fraud is not just a theoretical threat — it is a real and growing problem in England and Wales property market. Taking a few straightforward precautions now can save you from significant stress and financial loss in the future. Property should be an asset, not a source of risk. Speak to us today about how we can help protect what is rightfully yours.
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