B appealed against an order for rectification against him of the land register returning ownership to M. B had obtained registration with possessory title, claiming to have kept horses on the field for many years in adverse possession of it. M had failed to reply to the original application. B said that the registration had been in accordance with procedure and was not a mistake as such, and therefore not subject to rectification.
Held: The proposed interpretation would be contrary to the policy behind the 2002 Act, and an invitation to fraud. The former registered proprietor would neither be able to claim compensation. The adjudicator had not applied correctly the appropriate burden of proof, which lay on the person applying for rectification.
In the circumstances it would be unjust to make an order when adverse possession had not been adequately established.
Henderson J
[2010] EWHC 573 (Ch), [2010] NPC 38, [2010] 1 WLR 1965
Bailii
Land Registration Rules 2003 189, Land Registration Act 2002 Sch 6
England and Wales
Citing:
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Stephens and Another v Cannon and Another CA 14-Mar-2005
The claimants had purchased land from the defendants. The contract was conditional on a development which did not take place. The master had been presented with very different valuations of the property.
Held: The master was not entitled to . .
Cited – J A Pye (Oxford) Ltd v The United Kingdom ECHR 30-Aug-2007
UK Advers Possession Law – Not Compliant
The claimant had said that the UK law which allowed it to lose land by virtue of twelve year’s occupation by a squatter, interfered with its right to ownership of property.
Held: The UK law on adverse possession did comply with the Convention. . .
Cited by:
Appeal from – Baxter v Mannion CA 22-Feb-2011
The court was asked ‘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 ten years hang on to that title if the original proprietor, within 65 days . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 01 November 2021; Ref: scu.403358
