Baxter v Mannion

Baxter v Mannion

Registration of title obtained by a person not in adverse possession is a mistake under the Land Registration Act 2002, Schedule 4, and is subject to rectification. The statutory scheme does not preclude rectification where the applicant was not entitled to be registered, even if the notice procedure was not complied with. The findings of fact were not affected by any misdirection on the burden of proof, and it would be unjust not to rectify the register in these circumstances.

Parties
Appellant: Steven John Baxter; Respondent: Thomas Francis Mannion
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Civil Appeal / Second Appeal From Chancery Division to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Rectification of Land Register, Land Registration Act 2002, Burden of Proof
Land Law Property Law Adverse Possession Rectification of Land Register Land Registration Act 2002 Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Steven John Baxter

Appellant

Thomas Francis Mannion

Respondent

Procedural Posture

Civil Appeal / Second Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether registration of title obtained by a person not in adverse possession is a 'mistake' under the Land Registration Act 2002, Schedule 4, entitling rectification of the register
  2. 2 Whether failure to return a notice in time precludes rectification
  3. 3 Whether the burden of proof was properly applied in the factual findings

Ratio Decidendi

Registration of title obtained by a person not in adverse possession is a mistake under the Land Registration Act 2002, Schedule 4, and is subject to rectification. The statutory scheme does not preclude rectification where the applicant was not entitled to be registered, even if the notice procedure was not complied with. The findings of fact were not affected by any misdirection on the burden of proof, and it would be unjust not to rectify the register in these circumstances.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The order for rectification of the register in favour of Mr Mannion stands.