Anti-Fraud Pretection

Anti-Fraud Protection when Not Living at Home

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Overview

The Land Registry have recently launched a new anti-fraud measure specifically for property owners who do not reside at home, e.g. because it is let or you are away from your home because of your work.

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RQ Form

The Land Registry’s RQ form is an application for a Restriction to be entered in your Title Register that will prevent a sale, mortgage or other disposition from proceeding unless a certificate has been signed by your conveyancer to confirm that the disposition is being made by the person named in the Register as the registered proprietor (the owner).

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Section B Title Register

The Restriction will be entered into Section B of the Title Register, and is identified by the following wording:

“No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponer is the same person as the proprietor.”

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Restrictions

A Restriction on a property title is a device to control certain transactions. In this case the Restriction prevents a sale, mortgage or other dispositionary deed from being registered without a certificate signed by a conveyancer who is satisfied that the deed has been executed by the owner of the property.

In practice, where an attempt is made without the knowledge of the owner, to sell or mortgage the property, the solicitors acting for the purchaser or mortgagee will obtain a copy of the Title Register as part of the normal conveyancing transaction. They will see the Restriction in Section B and will contact the vendor’s solicitors for a certificate. Until they have this they will not proceed with the purchase or mortgage.

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Send to Land Registry

Form RQ can be sent to the Land Registry by email - rq-request@landregistry.gov.uk,
by DX to DX 321601 Gloucester 33
or by post to:

Land Registry Citizen Centre (RQ)
PO Box 74
Gloucester
GL14 9BB.