Land Registration Act 2002
Mistaken failure to serve counter-notice – rectification of mistake - land owner re-registered as owner
Baxter v Mannion
[2010] EWHC 573 (Ch)
Summary
A land owner who, due to illness, failed to respond to a trespasser's claim under the provisions contained in the Land Registration Act 2002 within the requisite time period, and thus lost his registered title, was able to have the land re-registered in his name after it was found that the trespasser had not been in adverse possession for a period of ten years ending on the date of the application.
Introduction
Under the "new" provisions contained in the Land Registration Act 2002 "a person may apply to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application". (Sched 6, para 1). If the Land Registry is satisfied with the application, notice is sent to the registered proprietor who then has 65 "business days" to serve a counter-notice if he objects to the registration. If a counter-notice is served, the applicant needs to establish one of the three grounds set out in Sched 6, para 5 before he can be registered as owner (i.e. an estoppel, some other reason, or a reasonable mistake as to the bo ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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