Publication: Solicitors Journal

The Land Registry has to grapple on a regular basis with the outcomes of fraud on the registers. In the case of Chief Land Registrar v Caffrey & Co [2016] EWHC 101 (Ch), the High Court had to consider whether a conveyancer was liable to the Land Registry for loss suffered by the deletion of a registered charge from the register when it transpired that the DS1 form it had filed was a forgery.

The conveyancer had accepted the DS1 executed under power of attorney from their borrower client and relied on the client’s assertion that the lender was represented by another firm. This was untrue. The ID rules appear not to have been considered in this case, but it was accepted by Master Matthews that the conveyancer had a duty of care to the Land Registry which had been breached on the facts presented.

In the case of Isaaks V Charlton Traingle Homes Ltd [2015] EWHC 2611 (Ch), an error in a lease registered at the Land Registry was only discovered when Bank of Scotland enforced its mortgage due to the lessee falling into arrears…

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If you would like more information or advice relating to this article or a Commercial Property law matter, please do not hesitate to contact Glenda Ferneyhoughon 01727 798071.

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Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.