Beneficial ownership unaffected by fraudulent transfer

Table of contents

• Original news
• On what basis did the court order alteration of the register?
• On what basis did the court decide Mr Fitzwilliam had remained the beneficial owner?
• Did the court deal with any other issues of interest?
• Did Mr Fitzwilliam have an interest with priority to the ‘disposition’?
• What are the protections for a registered proprietor on an application for rectification?

Article summary

Property analysis: The court can order alteration of the register to correct a mistake. In a recent case, the High Court followed a widely criticised Court of Appeal decision, deciding that a fraudulent transfer and registration of a third party as proprietor of a property did not affect the beneficial interest, which had remained with the original proprietor throughout.