Land registration—fraud and identity checks

Published by a LexisNexis Property expert
Practice notes

Land registration—fraud and identity checks

Published by a LexisNexis Property expert

Practice notes
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This Practice Note covers the requirements of hm land registry (HMLR) for evidence of identity to be provided in connection with certain applications in order to provide protection against property and registration fraud. It looks at when evidence of identity must be provided, how to provide evidence of identity and what practical issues arise from this requirement.

HM Land Registry requirements

In order to provide additional protection against property and registration fraud, HMLR requires confirmation of identity to be supplied in connection with certain applications for registration. The applications which are caught by this requirement are set out in HM Land Registry Practice Guide 67: evidence of identity and include applications to register a transfer, lease or charge, the discharge or release of a registered charge and applications for first registration.

Any application made on forms AP1, DS2 and FR1 will almost always require the completion of panels relating to confirmation of identity. The names of all the parties to the transaction(s) being registered must be entered where indicated; on an application to register a transfer and a charge,

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Jurisdiction(s):
United Kingdom
Key definition:
Fraud definition
What does Fraud mean?

The offence of fraud under the Fraud Act 2006, s 1, may be committed by: (a) dishonestly making a false representation (to a person, or to any system or device) with a view to gain or with intent to cause loss or expose to a risk of loss; (b) dishonestly (and with a view to gain or with intent to cause loss, etc) failing to disclose information when under a legal duty to disclose it; or (c) dishonest abuse of position, with a view to gain or to cause loss, etc. It is irrelevant whether gain, loss or exposure to loss actually occurs.

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