Max Thorowgood comments on the government response to the Law Commission’s recommendations for updating the Land Registration Act 2002 and highlights key recommendations as well as criticisms of the report.
Max Thorowgood reviews this High Court case in which he represented the appellants. The claimants claimed title to a passageway between two commercial buildings by reason of adverse possession.
Must a claimant of rectification for common mistake show that the parties actually (subjectively) shared the same mistaken belief as to the meaning of the contract? Yes, said the Court of Appeal in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd  EWCA Civ 1361.
Is it possible to be in adverse possession of land of which you are the registered proprietor ? Yes, says the Court of Appeal in Rashid v Nasrullah.
Minority interest – perhaps – but according to HHJ Dight, sitting as a Judge of the Upper Tribunal in Murdoch v Amesbury  UKUT 3 (TCC), the answer in “No.”
No, said the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd  UKSC 72.