One property fraud to be particularly aware of is company impersonation. This is particularly a problem with properties that are owned by overseas companies; the fraudster will then set up a UK company with the same name. Watch out for: 


The starting point is that if a lender does not register its charge at the LR, then any subsequent registered charge will have priority. But, as always, there are exceptions. One of those relates to subrogation. 


What happened in a recent case, was that the Halifax lent to a buyer. The Halifax’s charge was registered. The buyer then went to Bank of Scotland for a better mortgage deal, and so Bank of Scotland lent money which paid off the Halifax’s loan. But, Bank of Scotland failed to register their charge. In due course, a secondary lender lent money on a second charge, and that was registered (before the Bank of Scotland realised its mistake, and registered its charge). 


Suppose you have submitted a lease for registration, but it has been rejected by the LR (eg because because of an inadequate plan). What is the status of the unregistered lease – and what should you do about it?

Failure to register the lease will mean that it cannot take effect at law, but it will survive in equity and will therefore take effect as an equitable lease.

When you receive a PDF of an electronic official title plan, you often find that the plan size is a little smaller (or sometimes a little bigger) than the A4 cover sheet with the plan. There is, of course, a warning on the A4 cover sheet that says ‘this official copy was delivered electronically and when printed will not be to scale’.

Which is correct: ‘HM Land Registry HMLR’ or ‘Land Registry’?

Suppose you are buying land from a company, but then discover that the company has been struck off. What do you do? The answer is that the company needs to be restored to the Register of Companies (ie so it is no longer dissolved).

There can be confusion on how to deal with a nil-rate band discretionary trust (usually created for IHT purposes). In particular, there can be confusion because an individual holds the property in his or her sole name, but in different capacities (eg as the surviving registered proprietor, as trustee of a trust of land, and/or as PR of the deceased joint proprietor).

Recent cases of identity fraud have highlighted the need for landowners to update their contact addresses at the LR.

The LR will use the contact address in the proprietorship register if it needs to contact the landowner. It will not check whether the owner has moved (or if a company has changed its registered address).