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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll