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Baxter v Mannion [2011] 1 WLR 1594

DATE: 25 Feb 2011

The Court of Appeal upheld the decision of Henderson J (reported at [2010] 1 WLR 1964) in holding that, on the proper interpretation of the adverse possession provisions in the Land Registration Act 2001, if a paper title owner misses the deadline for the service of a counter-noitce to object to an application made by an alleged squatter with the result that the alleged squatter is registered as the freeholder, the paper title owner is entitled to apply to be reinstated as the freeholder on the ground that the alleged squatter was never in possession (and so his registration was a mistake).