Court Court of Appeal | ||
Citation(s) [1984] EWCA Civ 10, (1984) 50 P&CR 119 | ||
Mascall v Mascall [1984] EWCA Civ 10 is an English trusts law case, concerning the requirements of registration and formalities, related to trust law.
Contents
Facts
A father wished to transfer land to his son. He made and gave him a deed of transfer and the land certificate. Then they fell out, and the father changed his mind. The son had not yet gone through with the registration at HM Land Registry. The father argued that it was still his property.
Judgment
Lawton LJ and Browne-Wilkinson LJ gave judgments holding that the property belonged to the son in equity, and was held on trust for the son by the father, because the father had done everything in his power to make the transfer effective. Although without registration, legal title had not passed, title had passed in equity and the father could not take back his agreement.
Sir Denys Buckley concurred.