Boundary dispute ruling highlights the importance of written agreements

A recent Court of Appeal ruling highlights the importance of boundary disputes being regularised by written agreement to achieve certainty between both parties and to limit the risk of future disputes.

In White v Alder and another 2025, the Court of Appeal held that a “boundary demarcation agreement” binds successors in title, regardless of their knowledge of the agreement.

The case arose following a dispute between the owner of Willow Cottage and the owner of The Old Stores, the neighbouring property. Both had purchased their properties in November 2005. In October 2005, their predecessors had agreed to the location of the boundary, recording their agreement in writing and a plan (the Boundary Agreement), however, they did not note the existence of the Boundary Agreement with HM Land Registry against the registered titles of their properties.

In 2016, the owner of Willow Cottage demolished part of the boundary wall and began constructing an extension to the cottage which prompted the neighbour to initiate proceedings claiming trespass on their land. As the Boundary Agreement had not been noted against the title of the property the owner of Willow Cottage was unaware of the existence of the Boundary Agreement when they purchased the property.

The Court of Appeal found in favour of the neighbour. They held that the owner of Willow Cottage had trespassed on their neighbour’s land when they demolished part of the boundary wall and began work to construct an extension.

The Court reiterated there are two types of boundary agreement. One which involves moving a boundary to transfer land from one neighbour to another. This is subject to the formalities necessary for the transfer of land, which requires it to be by Transfer Deed, signed and witnessed and registered with HM Land Registry, ensuring that the change of ownership is legally recognised and recorded.

The second type of boundary agreement, which the Court referred to as a “boundary demarcation agreement” is one that defines a previously unclear or uncertain boundary, even if it includes the conscious or unconscious transfer of a trivial amount of land. It is presumed the land transferred is trivial unless the presumption is rebutted. A boundary demarcation agreement binds the parties and their successors in title and the court held that there is no need for the agreement to be acted on by, for example building a wall or erecting a fence upon the agreed boundary line.

The Court held that boundary demarcation agreements have proprietary effect, meaning that they also bind the successors in title and the boundary is presumed always to have been in the agreed location and defines what land has been purchased as a purchaser cannot acquire more land than was owned by the seller.

The court concluded that a boundary demarcation agreement is neither an equitable interest in unregistered land nor an overriding interest in registered land, it clarifies the boundaries detailed in the conveyance or transfer, it does not require actual knowledge.

Had the owner of Willow Cottage investigated where the boundary was and made sure they had the agreement of the neighbour before they started work on building their extension, the dispute may have been avoided.

With no record of the Boundary Agreement noted against the title to either property at HM Land Registry, the owner of Willow Cottage may be forgiven for feeling aggrieved by the Court’s judgment in this matter.

In order to avoid future disputes, property owners who wish to agree the position of an unclear or uncertain boundary between their properties, should record their agreement in writing and note it with HM Land Registry against both property titles. Failure to do so may not stop the boundary agreement binding future owners, but it may result in an avoidable legal dispute.

If you have any questions relating to a property or land boundary, get in touch with our team.

Anna Golding is an Associate Solicitor and can be contacted at a.golding@gullands.com