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- Mascall v Mascall [1984] EWCA Civ 10 was an appeal on formalities in English law. 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. It has wider resonance with the formalities of Trusts in English law. (en)
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- 3855 (xsd:nonNegativeInteger)
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- The deed's registration was objected to by the maker with the Land Registry , as is needed to give it guaranteed effect against all third parties (en)
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- [1984] EWCA Civ 10, 50 P&CR 119 (en)
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- William James Mascall v William Mascall (en)
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- (en)
- gift (en)
- formalities of deeds (en)
- no third parties (en)
- perfection of imperfect gifts (en)
- rescindability at will (en)
- whether perfection only possible by completed registration (en)
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- Judgment by Edward Nugee Q.C. sitting in the Chancery Division. Claim by the appellant denied. (en)
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- Mascall v Mascall [1984] EWCA Civ 10 was an appeal on formalities in English law. 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. It has wider resonance with the formalities of Trusts in English law. (en)
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