Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)

Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)

The registration of Mr Baxter as proprietor was a mistake because he was not in adverse possession of the Field for the requisite ten-year period. The statutory precondition for registration was not met, and the register could be rectified. The Adjudicator's findings on adverse possession were supported by the evidence. Although the Adjudicator erred in her treatment of the burden of proof and the application of paragraph 6(2) of Schedule 4, these errors did not affect the outcome on adverse possession, but the matter of rectification under paragraph 6(2) required further consideration.

Citation
[2010] EWHC 573 (Ch)
Parties
Appellant: Steven John Baxter; Respondent: Thomas Francis Mannion
Jurisdiction
England and Wales
Judgment Date
18 March 2010
Procedural Posture
Appeal From Decision of Deputy Adjudicator to HM Land Registry / High Court (chancery Division) Judgment on Appeal
Outcome
Appeal dismissed in respect of adverse possession; matter remitted for further consideration of rectification under paragraph 6(2) of Schedule 4.
Legal Topics
Adverse Possession, Rectification of Land Register, Mistake in Registration, Burden of Proof, Schedule 6 Land Registration Act 2002
Property Law Land Registration Adverse Possession Rectification of Land Register Mistake in Registration Burden of Proof Schedule 6 Land Registration Act 2002

Case Brief

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Parties

Steven John Baxter

Appellant

Thomas Francis Mannion

Respondent

Procedural Posture

Appeal From Decision of Deputy Adjudicator to HM Land Registry / High Court (chancery Division) Judgment on Appeal

Legal Issues

  1. 1 Whether registration of Mr Baxter as proprietor was a 'mistake' under Schedule 4, paragraph 5(a) of the Land Registration Act 2002
  2. 2 Whether Mr Baxter was in adverse possession of the Field for the requisite ten-year period
  3. 3 Whether the conditions for rectification under paragraph 6(2) of Schedule 4 were satisfied

Ratio Decidendi

The registration of Mr Baxter as proprietor was a mistake because he was not in adverse possession of the Field for the requisite ten-year period. The statutory precondition for registration was not met, and the register could be rectified. The Adjudicator's findings on adverse possession were supported by the evidence. Although the Adjudicator erred in her treatment of the burden of proof and the application of paragraph 6(2) of Schedule 4, these errors did not affect the outcome on adverse possession, but the matter of rectification under paragraph 6(2) required further consideration.

Court Disposition

Appeal dismissed in respect of adverse possession; matter remitted for further consideration of rectification under paragraph 6(2) of Schedule 4.

Orders

  • The appeal is dismissed on the issue of adverse possession and mistake.
  • The case is remitted to the Adjudicator for further findings on whether the conditions for rectification under paragraph 6(2) of Schedule 4 are satisfied.