Mascall v Mascall

The final, registration stage of a witnessed deed of transfer (of land) is not imperative in all circumstances, the court confirmed.

Those circumstances include that there must be no detriment to a third party bona fide purchaser or mortgagee for value without notice; and there must be no fraud or abuse of trust as defined by law.

He made and gave him an executed deed of transfer (and as further show of intent the land certificate).

The son had not yet gone through with the registration at HM Land Registry as the Stamp Office wrongly rejected the transfer, namely sending it to the father who was the party but not the applicant.

[1] Argument on consideration (value or not passed in exchange for the property): The judge treated it as common ground the father had no expectation to get £9,000: there was no evidence to that effect.