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HM Land Registry advises that one of the main ways to protect your property from being fraudulently sold or mortgaged is by entering an anti-fraud restriction on the title register. This restriction requires a solicitor to certify that any application to change the register, such as a sale or mortgage, was made by the legitimate owner. This certification acts as a safeguard, making it much harder for fraudsters to succeed. These anti-fraud restriction certificates are sometimes called disponor letters.
CWJ’s role: We can provide anti-fraud restriction certificates (disponor letters) following a review of the relevant paperwork, including the title and proposed transaction documentation, and a face-to-face with you. We charge £175 plus VAT for one person and £225 plus VAT for a couple.
How it works:
Restriction on the register: The restriction prevents the Land Registry from registering any sale or mortgage on the property unless a conveyancer or solicitor certifies that the application was made by the registered owner.
Solicitor's certification: As indicated above, this certification typically involves a face-to-face identification check to verify the applicant's identity, ensuring it matches the registered owner.
Deterrent effect: The restriction acts as a deterrent to potential fraudsters, as it adds a significant hurdle to overcome, making it less likely they will attempt to defraud the property owner.
Who should consider it?
Owners of unoccupied properties: Properties that are empty, rented out or mortgage-free are particularly vulnerable to fraud and owners should strongly consider this protection.
Properties with vulnerable owners: If you are concerned about the possibility of someone impersonating you to sell or mortgage your property, this restriction is a good option.
Those who want extra security: Even if you live in your property, this restriction provides an additional layer of security against fraud. Some mortgage companies may require it, too.
Cost:
Free for some: If the owner lives at the property, the anti-fraud restriction is free to register.
Nominal fee for others: For properties where the owner does not live at the property, there is a nominal fee of £40 to register the restriction.
Please see the top of this page for CWJ's charges.
How to apply:
Contact the Land Registry: You can apply for the restriction through HM Land Registry. This, however, will normally be done by the solicitor or conveyancer at the time of your purchase or mortgage.
Provide necessary information: You will need to provide the Land Registry with the relevant application form (usually Form LL) and the required supporting documents, including evidence of ownership and, in some cases, a solicitor's certification.
Important considerations:
Potential delays: While providing enhanced security, the restriction might cause slight delays when you sell or remortgage your property, as a solicitor will need to complete the certification process. This cannot usually be the solicitor acting for you on a sale or remortgage.
Other security measures: Consider using the Property Alert service from the Land Registry in addition to the restriction. This service will notify you of any activity on your property, allowing you to take swift action if needed. You don’t have to be the property owner to set up an alert; you might want to keep an eye on a friend or relative’s house, or simply want to know if someone is interested in buying it. And it is not limited to just one address: you can monitor up to 10 properties.
Notification of changes: You should also ensure the details held at HM Land Registry are accurate and correct, including your name and address. Where, for example, you marry, voluntarily change your name or change the notification address you should endeavour to notify the Land Registry; through your usual solicitor or conveyancer where appropriate.
To discuss an anti-fraud restriction certificate, please contact Alis Ahmedova on 01689 887844 or email her at aa@cwj.co.uk