Stolen House?

[El Cid 220]

https://www.bbc.co.uk/news/uk-england-essex-59069662

 

"At that point the police said, 'Well, there's nothing further we can do here. This is a civil matter; you need to leave the house and contact your solicitors.'"

 

Why do they return stolen cars to their previously registered keepers, surely it should be the same with a house?

[cressida 1,570]

Think twice before leaving your own house?   Hope he gets it sorted soon 

[S35_2o21 32]

49 minutes ago, El Cid said:

https://www.bbc.co.uk/news/uk-england-essex-59069662

 

"At that point the police said, 'Well, there's nothing further we can do here. This is a civil matter; you need to leave the house and contact your solicitors.'"

 

Why do they return stolen cars to their previously registered keepers, surely it should be the same with a house?

There's multiple issues here- solicitors ask for proof of identify. The bank would have asked for proof of identify to open the account. An awful lot more complex than car stealing. 

[El Cid 220]

29 minutes ago, S35_2o21 said:

There's multiple issues here- solicitors ask for proof of identify. The bank would have asked for proof of identify to open the account. An awful lot more complex than car stealing. 

I am sure it is. I was under the impression that when the police stop a car, they have no way of knowing who the owner is, just the registered keeper.

[HeHasRisen 3,405]

Just now, El Cid said:

I am sure it is. I was under the impression that when the police stop a car, they have no way of knowing who the owner is, just the registered keeper.

Of course, however their system will know if a car is reported stolen or not.

[Resident 1,193]

"Police initially told him it was not fraud but are now investigating."

How in the hell did they think it wasn't fraud in the first place? 

[shepcanon 10]

There is a free service called Property alert service that the HM Land Registry offer. 

https://propertyalert.landregistry.gov.uk/

[Jeffrey Shaw 90]

The BBC news item is seriously misleading.

Let's start with that word 'stolen'. Here's s.4 of the Theft Act 1968, inc. my added underlining:

4. “Property”.

(1)“Property” includes money and all other property, real or personal, including things in action and other intangible property.

(2)A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say—

(a)when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or

(b)when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or

(c)when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.

    For purposes of this subsection “land” does not include incorporeal hereditaments; “tenancy” means a tenancy for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and “let” shall be construed accordingly.

 

So a house cannot be 'stolen' at all. Personation of its true registered proprietor is a criminal offence, as is fraud on the presumably unsuspecting and wholly innocent purchaser. Either the wrongly dispossessed proprietor or the purchaser will be entitled to compensation, at HMLR expense, but that scarcely compensates for losing one's property.

 

The real problem is civil servants' urge to 'dematerialise' paperwork. Until 2003, one could not transfer or deal with a registered title unless holding the Land/Charge Certificate. HMLR was warned that abolishing these would lead to problems- and, guess what, it has.

[Anna B 1,414]

4 hours ago, Resident said:

"Police initially told him it was not fraud but are now investigating."

How in the hell did they think it wasn't fraud in the first place? 

Civil offence?

[Jomie 30]

The back story about this was featured on the Radio 4 programme  ‘You and Yours’ on 22.10.21. It’s worth listening to, particularly at the end when the researcher explains exactly how it happened. She wasn’t hopeful that the man would get his house back.  The house was unoccupied as the man had been living in Wales.

[Resident 1,193]

3 hours ago, Anna B said:

Civil offence?

Identity theft (fraud by false representation) Criminal 

Property theft (contents of House) Criminal 

 

 

[Waldo 96]

Quote

Once the house was sold to the new owner for £131,000 by the person impersonating Mr Hall, they legally owned it.

Does this dynamic apply just to houses, or is it the same with any property? For example, if someone impersonated me, and sold my car to a third party, is my car now the third party's property?