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28 April 2011 / Nick Knapman
Issue: 7463 / Categories: Features , Property
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Reality trumped?

Nick Knapman considers an appeal court decision on acquiring registered land by adverse possession

"Can a man who has got his name registered as the proprietor of a parcel of registered land by wrongly claiming that he had been in adverse possession for 10 years hang on to that title, if the original proprietor, within 65 days of its being posted to him, failed to fill up and return a form posted to him by the Land Registry? Or can the original proprietor apply to the Registrar to have the register of title rectified by ‘correcting a mistake’? Does the machinery of the Land Registration Act 2002 allow a party to take someone else's land by operation of a bureaucratic machinery which trumps reality?" 

So asked Jacob LJ in the introduction to his leading judgment in the recent Court of Appeal decision in Baxter v Mannion [2011 EWCA CIV 120, [2011] All ER (D) 235 (Feb)] concerning “an important question of principle” regarding the new system introduced by the Land Registration Act 2002 for acquiring registered

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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