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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll