Fraud at the Land Registry - who takes the risk?

Fraud at the Land Registry - who takes the risk?
shutterstock_147904664The High Court held that a fraudulent charge by an unknown should be set aside and the Land Registry cancel the charge on the register. Swift applied to the Chief Land Registrar for an indemnity. The High Court decided Swift was entitled to an indemnity. The Chief Land Registrar appealed. The Court of Appeal confirmed that Swift was entitled to an indemnity.

 

Case Name:

Swift 1st v Chief Land Registrar [2015] EWCA Civ 330

Facts:

Mrs Rani owned and occupied a property. Unbeknownst to her in April 2006n an unknown party executed a charge over the property in favour of GE Money Lending Limited (GE) for a supposed loan of £32k to Mrs rani.  The charge was registered. In May 2006 a further fraudulent charge was registered in favour of Swift for £64k who paid GE £34k

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About the author:

Melissa Moore is a dual qualified in England and Wales and South African lawyer and has 14 years’ experience in property practice in England. She has worked in local government and been a partner at a regional law firm and most recently an associate director at Berwin Leighton Paisner which she joined in 2005. Melissa has wide experience in all areas of property law and specializes in commercial real estate development. She has experience in a number of sectors including hotel, leisure, offices, investment, industrial, motorway service stations and funding. She has worked on large scale strategic developments and government funding initiatives, town centre regeneration schemes and private mixed use developments both for public sector and private developers and investment funds. In 2013 she was ranked by Legal 500 as recommended for local government work.