Baxter v Mannion

Baxter v Mannion

The court found that the case raised two important points of principle or practice under the Land Registration Act 2002—the 'mistake' point and the burden of proof point—justifying the grant of permission for a second appeal.

Parties
Appellant: Steven Baxter; Respondent: Mannion
Jurisdiction
England and Wales
Judgment Date
12 August 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal granted
Legal Topics
Adverse Possession, Land Registration, Alteration of Land Register, Burden of Proof
Land Law Adverse Possession Land Registration Alteration of Land Register Burden of Proof

Case Brief

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Parties

Steven Baxter

Appellant

Mannion

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second 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 land register

Ratio Decidendi

The court found that the case raised two important points of principle or practice under the Land Registration Act 2002—the 'mistake' point and the burden of proof point—justifying the grant of permission for a second appeal.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted without limitation.
  • At least two Chancery Lords Justices to be included in the constitution of the court hearing the appeal.