Baxter v Mannion

Registration of Mr Baxter as proprietor was a mistake because he was not in adverse possession for the requisite period; it would be unjust not to rectify the register to restore Mr Mannion's title, satisfying the statutory requirements for rectification.

Parties: Appellant: Steven John Baxter; Respondent: Thomas Francis Mannion
Jurisdiction: England and Wales
Judgment Date: 18 March 2010
Procedural Posture: Appeal / Judgment on Appeal From Decision of Deputy Adjudicator to HM Land Registry
Outcome: Appeal dismissed
Legal Topics: Adverse Possession, Rectification of Register, Mistake in Land Register, Burden of Proof, Land Registration Act 2002

Property Law Land Registration Adverse Possession Rectification of Register Mistake in Land Register Burden of Proof Land Registration Act 2002

Case Brief

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Parties

Steven John Baxter

Appellant

Thomas Francis Mannion

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Decision of Deputy Adjudicator to HM Land Registry

Legal Issues

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

Ratio Decidendi

Court Disposition

Appeal dismissed