In the Law Society practice note on property and registration fraud in October 2010, they highlighted that steps must be taken to ensure that no one is exposed to a “foreseeable and avoidable risk” and this would be a breach of their duty of care. This was tested in the recent Dreamvar V Mishcon de Reya case in which the Court held that there was a known risk of identity and property fraud in property transactions, which competent conveyancing professionals should have been aware of in September 2014.
The buyer’s conveyancer therefore requires a satisfactory Proprietor Check to enable this transaction to progress.
