Baxter v Mannion

Where a person is registered as proprietor on the basis of adverse possession that he never had, the register can be rectified to correct the mistake.

Citation
[2011] EWCA Civ 120, [2011] 1 WLR 1594
Court
Court of Appeal (Civil Division)
Year
2011
Subject
Land Law
Topic
Registered and unregistered land

Facts

Mr Mannion applied to be registered as proprietor of a field owned by Mr Baxter, claiming that he had been in adverse possession for ten years. Mr Baxter did not respond to the Land Registry's notice in time, so Mr Mannion was registered as proprietor. Mr Baxter then applied for rectification, arguing that Mr Mannion had never been in adverse possession of the field.

Legal principle

The Court of Appeal held that the register should be rectified. Jacob LJ said that the registration of Mr Mannion as proprietor was a mistake within Schedule 4 to the Land Registration Act 2002, because he did not meet the requirements for registration, having never been in adverse possession. It would be absurd if a person could acquire land in this way, simply because the true owner failed to respond to a notice. The owner was entitled to have the mistake corrected.

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