Richall Holdings v Fitzwilliam [2013] EWHC 86

Principle: Registered titles can be altered to restore title to the victims of fraudulent transfers.

Mr Fitzwilliam was the owner of the property. When he was in prison, he was approached by one individual who promised to get him out of prison if he could get a loan secured by his property. Mr Fitzwilliam gave him the right to do so but instead of getting a loan, he managed to sell the property without Mr Fitzwilliam’s knowledge.

Held: Fitzwilliam had a better title to the property and could have the register altered in his favour. The primary basis for the decision was a case of Malory, which was the binding authority. In Malory, the court decided that Malory, deprived of its title by deception, was able to sue the registered proprietor, Cheshire, for trespass, because it was the true owner and had a better right to possession.

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