Podcast Location:
Download it here [file size: 28.4 MB]
Part of:
Law in the Countryside CPD Training Bundle
Categories:
Real Estate & Property Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners who practise or advise on property ownership disputes, specifically those working in adverse possession claims. The podcast aims to familiarise listeners with the Court of Appeal decision in Baxter v Mannion (2011) and what it means for registered proprietors and squatters.

Outcomes:
After completing the course you will:
  • Understand how the adverse possession regime works in registered land;
  • Understand the facts of Baxter v Mannion (2011) and what impact the case has on the law of adverse possession;
  • Understand the scope of the power of rectification;
  • Understand the criticisms that can be made of the Court of Appeal’s decision in Baxter v Mannion;
  • Understand what is meant by ‘mistake’ for the purposes of rectifying the register;
  • Understand the relationship between adverse possession disputes and boundary disputes.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Baxter v Mannion [2011] EWCA Civ 120;
  • Baxter v Mannion [2010] EWHC 573 (Ch);
  • J A Pye (Oxford) Ltd v Graham [2002] UKHL 30;
  • "Land Registration for the Twenty-First Century, A Conveyancing Revolution" (LC271);
  • Land Registration Act 2002 ss 65, 96, 97, Schedule 4, Schedule 6.
Tags:

This podcast is about adverse possession in registered land. It looks at the recent case of Baxter v Mannion (2011) and the approach taken by the Court of Appeal in that case as to the circumstances by which a squatter can apply to have themselves made a registered proprietor.

It also examines the mechanics by which the adverse possession regime applies in registered land and demonstrates that a registered proprietor's failure to serve a counter-notice in response to an application for registration of title by an adverse possessor is not necessarily disastrous.

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