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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Property

Baxter v Mannion [2010] EWHC 573 (Ch), [2010] All ER (D) 173 (Mar)

The registrar had power to correct a mistake he had made if any statutory condition which was a prerequisite for registration by adverse possession was shown not to have been satisfied.

A registration was a mistake if it could be shown that a person had not in fact been in adverse possession of a plot of land for the requisite 10 year period. That precondition referred to a factual test which had to be satisfied and upon which a squatter’s right to apply for registration was predicated.

Although the procedural test was to persuade him that a claim to adverse possession was more likely to succeed than not, it was important not to confuse a procedural filter of that nature with the substantive test, which was clear and unqualified.
 
 

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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