Baxter v Mannion [2011] EWCA Civ 120 (22 February 2011)

Baxter v Mannion [2011] EWCA Civ 120 (22 February 2011)

Registration of title based on a false claim of adverse possession constitutes a mistake under the Land Registration Act 2002, Schedule 4, and rectification is permissible to restore the original proprietor, especially where the factual precondition for registration was not satisfied and it would be unjust not to...

Source-derived case information.

Citation
[2011] EWCA Civ 120
Parties
Appellant: Steven John Baxter; Respondent: Thomas Francis Mannion
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Appeal / Court of Appeal, Civil Division, Second Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Rectification of Register, Mistake in Registration
Property Law Land Registration Adverse Possession Rectification of Register Mistake in Registration

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Summary, issues, holding and outcome

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Parties

Steven John Baxter

Appellant

Thomas Francis Mannion

Respondent

Procedural Posture

Appeal / Court of Appeal, Civil Division, Second Appeal

Legal Issues

  1. 1 Whether registration of title obtained by a false claim of adverse possession constitutes a 'mistake' under Land Registration Act 2002 Schedule 4
  2. 2 Whether rectification of the register is permissible after registration following failure to return a notice form
  3. 3 Whether the burden of proof was correctly applied in the rectification proceedings

Ratio Decidendi

Registration of title based on a false claim of adverse possession constitutes a mistake under the Land Registration Act 2002, Schedule 4, and rectification is permissible to restore the original proprietor, especially where the factual precondition for registration was not satisfied and it would be unjust not to rectify.

Court Disposition

Appeal dismissed

Orders

  • Register to be rectified to restore Mr Mannion as proprietor
  • Mr Baxter's registration as proprietor removed