Peffer v Rigg & Anor [1976] EWHC Ch 1 (17 March 1976)

Peffer v Rigg & Anor [1976] EWHC Ch 1 (17 March 1976)

The second defendant, having knowledge of the trust and not being a purchaser in good faith for valuable consideration, holds the property on constructive trust for herself and the plaintiff, and the land register should be rectified to reflect the plaintiff's half interest.

Citation
[1977] WLR 285
Parties
Plaintiff: Mr Peffer; First Defendant: Mr Rigg; Second Defendant: Mrs Rigg
Jurisdiction
England and Wales
Judgment Date
17 March 1976
Procedural Posture
Breach of Trust Action / High Court (chancery Division) Judgment
Outcome
Plaintiff's claim for declaration and rectification granted; no order as to costs.
Legal Topics
Breach of Trust, Constructive Trust, Land Registration, Rectification of Register, Divorce Property Settlement
Trusts Property Law Equity Breach of Trust Constructive Trust Land Registration Rectification of Register Divorce Property Settlement

Case Brief

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Parties

Mr Peffer

Plaintiff

Mr Rigg

First Defendant

Mrs Rigg

Second Defendant

Procedural Posture

Breach of Trust Action / High Court (chancery Division) Judgment

Legal Issues

  1. 1 Whether the letting of the top flat without the plaintiff's approval was a breach of trust
  2. 2 Whether the transfer of the whole beneficial interest to the second defendant defeated the plaintiff's interest under the Land Registration Act 1925
  3. 3 Whether the second defendant took the property free of the plaintiff's interest

Ratio Decidendi

The second defendant, having knowledge of the trust and not being a purchaser in good faith for valuable consideration, holds the property on constructive trust for herself and the plaintiff, and the land register should be rectified to reflect the plaintiff's half interest.

Court Disposition

Plaintiff's claim for declaration and rectification granted; no order as to costs.

Orders

  • Declaration that the second defendant holds half the property in trust for the plaintiff
  • Rectification of the land register to show the plaintiff's half interest