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Property

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