Malory Enterprises v Cheshire Homes [2002]

Facts

  • An estate was sold following the fraudulent acquisition of a land registry certificate

Issue

  • Could the true owner of the estate have the register corrected, voiding the sale?

Decision

  • Yes

Reasoning

  • The original owner was in actual occupation by virtue of the maintenance of perimeter fences and boarding up of windows
  • Wherever there is an error in the register, although legal title may still be transferred, the owner of legal title will hold the estate on trust for its true owner
RELATED CASE  Lloyd v Dugdale [2002]

Posted in Land Law Revision Notes.

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