Baxter v Mannion [2011] EWCA Civ 120, [2011] All ER (D) 235 (Feb)
Court of Appeal, Civil Division, Mummery, Jacob and Tomlinson LJJ, 22 Feb 2011
A person who has not in fact been in adverse possession is simply not entitled to apply to register title under para 1(1) of Sch 6 to the Land Registration Act 2002 (LRA 2002).
Helen Galley (instructed by MA Law LLP) for the applicant.
Tom Weeks (instructed by Taylor Vinters) for the respondent.
M purchased a field in 1996 and was duly registered as its proprietor. Over the years, B made some use of the field by way of keeping horses on it. In 2005, B applied to the Land Registry (the Registry) for registration of the field in his name under para 1(1) of Sch 6 to LRA 2002. He claimed to have been in adverse possession of the field since 1985. He supported the application with a statutory declaration to that effect. The Registry approved the application and sent a notice to M, as required by s 2(1) of the Act, giving him an opportunity to object by
