Where land had been registered in the name of a transferee as a result of a fraud and where there had been no consideration and it had been in breach of a fiduciary duty, the owners retained an overriding interest under the act, and the transferee held the land as trustee for the defrauded party. The fraudulent transfer did transfer the legal title, but not any equitable title. The legal title was at all times capable of being set aside, but that was not the limit of the applicants’ rights.
Times 26-Oct-2000, Gazette 02-Nov-2000, Gazette 09-Nov-2000
England and Wales
Registered Land, Equity
Updated: 10 May 2022; Ref: scu.79276