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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
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