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Putting a restriction on a property title - advisable?

9 replies

willfullywinsome · 02/11/2024 09:06

In fortunate position of inheriting a house which is currently empty, but will be occupied (by us) from around April next year. We're a bit twitchy about fraudulent sale, as the fact that it's empty and not mortgaged can make it more vulnerable.
We've registered the property with the Land Registry free Property Alerts scheme.
I'm very (over?) cautious, and I've asked our solicitor if they can support us with putting a restriction on the property title, to minimise risk of fraudulent sale. I think this is the Form LL restriction?
They are reluctant - their view is that it can really delay/complicate a sale and put some potential buyers off; it can actually put conveyancers off, too, so it might be hard for us to find one, and that the free Property Alerts do a sufficient job.
We're not planning on selling for a long time, but need to futureproof, of course.
Another suggestion that's been made by someone a friend who admittedly isn't a lawyer, is that we could take out a very small mortgage on it, since mortgaged properties are at lesser risk.
I'd really welcome others' views on this. As a lay person, it's hard to know whether our solictor's advice is sound or based on very human/very understandable head-in-hands moment.

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PrincessofWells · 02/11/2024 09:13

You're overthinking it . . .

ComtesseDeSpair · 02/11/2024 09:31

If solicitors are advising you against it then I’d take their advice; they’re correct that messing around with the title can cause problems down the line. The risk is small and can be mitigated by things like visiting the property regularly, having lamps on timers to make it appear occupied, installing a motion-activated doorbell camera with alarm, covering any windows visible from the street so nobody can see empty rooms, keeping the exterior and garden well maintained so it doesn’t appear abandoned etc - all of which you should be doing with an empty property anyway to deter vandalism and squatters, which are both much more likely than a fraudulent sale.

willfullywinsome · 02/11/2024 11:01

Thank you, both. I'm a habitual over-thinker, so it's hard to draw the line between legitimate concern and the vortex of over-think.
Comtesse, we've done almost everything on your list of suggestions, and we visit at least 3 times a week. It's reassuring to hear we're doing the right things to mitigate risk.

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JustGotToKeepOnKeepingOn · 02/11/2024 12:28

You're seriously over thinking this... just listen to your solicitor and enjoy the property you've been very, very lucky to inherit. How do you think people who are mortgage free manage to hold on to their properties?

willfullywinsome · 02/11/2024 14:53

Thank you, Just.
We're very aware of our luck. We've scrimped all over lives and it's been transformational. But at a very high cost, I'd rather have my dear person back.

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Harassedevictee · 02/11/2024 19:33

@willfullywinsome The best free way to stop potential fraud is to update the contacts on the Register to include your email. https://www.gov.uk/government/publications/updating-registered-owners-contact-address

A key reason fraud happens on empty properties is because snail mail can be interrupted. It is nearly impossible to do this with email. Land Registry would issue any notifications to all contact addressed ( you can have up to 3).

Update registered owners' contact address (COG1)

Keep your contact details with HM Land Registry up to date.

https://www.gov.uk/government/publications/updating-registered-owners-contact-address

Mosaic123 · 02/11/2024 21:53

I'm assuming you have excellent empty property insurance on the house and if you take their legal cover option you should be covered should the worst happen.

Just a little more reassurance for you perhaps?

willfullywinsome · 04/11/2024 16:23

@Mosaic123 , that's a good question; yes, we do.

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willfullywinsome · 04/11/2024 16:25

@Harassedevictee , thanks, that's very helpful. (And I hope the situation to which your username potentially relates to, is no longer the case?)

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