the Property Law website
Maintained by Gary Webber, barrister


Land Registration Act 2002

This page contains details of two cases:
  • Paper owner's mistaken failure to serve a counter-notice to trespasser's notice under the 2002 Act claiming title - can the paper owner get the property back?
  • Reasonable belief as to ownership for the purposes of paragraph 5(4)(c) of Schedule 6.

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 ser ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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