Baxter v Mannion [2010] EWCA Civ 1013 (12 August 2010)

Baxter v Mannion [2010] EWCA Civ 1013 (12 August 2010)

The application raises two important points of principle or practice under the Land Registration Act 2002—the 'mistake' point and the burden of proof point—warranting permission to appeal to the full court.

Citation
[2010] EWCA Civ 1013
Parties
Appellant: Baxter; Respondent: Mannion
Jurisdiction
England and Wales
Judgment Date
12 August 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Adverse Possession, Land Registration, Alteration of Land Register, Mistake in Registration, Burden of Proof
Property Law Civil Procedure Adverse Possession Land Registration Alteration of Land Register Mistake in Registration Burden of Proof

Case Brief

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Parties

Baxter

Appellant

Mannion

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the registration of land in respect of which the applicant had not been in adverse possession constitutes a mistake under the Land Registration Act 2002
  2. 2 Whether the burden of proof was correctly applied in the context of alteration of the register

Ratio Decidendi

The application raises two important points of principle or practice under the Land Registration Act 2002—the 'mistake' point and the burden of proof point—warranting permission to appeal to the full court.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted to the appellant
  • At least two Chancery Lords Justices to be included in the constitution of the court hearing the appeal