header-logo header-logo

19 May 2011 / Joseph Ollech
Issue: 7466 / Categories: Features , Property
printer mail-detail

Baxter: take three

Alteration v rectification. Joseph Ollech considers when a mistake really is a mistake

Common sense has prevailed once again in the case of Baxter v Mannion [2011] EWCA Civ 120, [2011] All ER (D) 235 (Feb). Mr Baxter has now lost three times in a row in his attempt to be registered as a freehold proprietor based on adverse possession—before the land adjudicator, the High Court, and on appeal to the Court of Appeal. The Court of Appeal gave permission to appeal because it raised an important question of principle—an example of those rarer types of appeal which are heard not so much because there is a serious prospect of success but because there is some other compelling reason why the appeal should be heard.

For those not already familiar with this case it was about freehold title to a field in Chatteris, Cambridgeshire. Baxter claimed that he had been in adverse possession of the field. If that was all there was to this case it would not be of any particular legal significance.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll