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.
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.
Related cases on registered and unregistered land
- Abbey National Building Society v Cann [1991] 1 AC 56
- Chhokar v Chhokar [1984] FLR 313
- City of London Building Society v Flegg [1988] AC 54
- Ferrishurst Ltd v Wallcite Ltd [1999] Ch 355
- Hodgson v Marks [1971] Ch 892
- Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783
- Link Lending Ltd v Bustard [2010] EWCA Civ 424
- Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] EWCA Civ 151, [2002] Ch 216
Studying land law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
