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Boundary issues between neighbours can often lead to confusion and, in some cases, disputes. We understand how worrying it can be when you are unsure where your legal boundary lies, especially if there is a risk of a disagreement with neighbours. A Boundary Agreement can be a useful way to define the exact dividing line between properties and prevent disagreements in the future.
In this article, Francesca Harris, Solicitor in our Litigation and Dispute Resolution Department, explains more about the recent case of White v Alder [2025] EWCA Civ 392, in which the Court of Appeal confirmed that a Boundary Agreement does bind future owners even if they did not originally enter into the agreement, before explaining practical steps for property owners.
What is a Boundary Agreement and why might you need one?
A Boundary Agreement is a written agreement between neighbouring landowners that defines the precise line dividing their properties.
Boundaries are often marked by physical features such as:
- Fences
- Hedges or trees
- Walls or posts
Over time, these features can become less distinctive, or they can shift. When this occurs, the first step is to check your Title Deeds, but these can often be ambiguous, especially if they are older.
A Boundary Agreement can therefore be a useful document to help define the boundary and reduce the risk of disputes arising in the future. It does not necessarily involve the transfer of land; instead, it helps to establish and clarify the existing boundary between neighbours.
Whilst you may have an excellent relationship with your current neighbours, you cannot guarantee that they will be your neighbours forever. To avoid the risk of future disputes and to protect your interests within your property, a Boundary Agreement can be a very practical step to take.
Do Boundary Agreements bind future property owners in the UK?
The case of White v Alder [2025] EWCA Civ 392 concerned two neighbouring property owners whose predecessors in title had reached an agreement about the boundary between their properties. Years later, after both properties were conveyed, a dispute arose following the construction of an extension.
At first instance, the Judge concluded that there was a Boundary Agreement which was binding on the parties, even though neither of them had been party to the original agreement. This was upheld on first appeal, and the case then went to the Court of Appeal for a second appeal.
The Court of Appeal addressed the key question of whether a Boundary Agreement binds successors in title who were unaware of its existence at the time of purchase, holding that they do, regardless of whether they knew about the agreement when they purchased the property.
The rationale was that a Boundary Agreement defines the boundaries of the property conveyed, either within the Root of Title (for unregistered land) or within the Transfer (for registered land). Therefore, by implication, it binds successors in title.
Even if a dispute has not yet arisen, uncertainty over boundaries can create stress and delay future plans, particularly if you are looking to extend or sell your home.
What are the legal implications for property owners?
This ruling highlights the importance of Boundary Agreements in property law, confirming that they will bind successors in title, and reinforcing their role in providing certainty and stability within property ownership.
These rules apply to property located in England and Wales, where the law on property boundaries is governed by specific statutory and case law principles.
The case also underlines the importance of thorough due diligence during the conveyancing process. Prospective purchasers should inquire about any existing Boundary Agreements, even if they are not registered, where appropriate. Our Conveyancers are well versed in highlighting these potential documents and the impact for you moving forward with the purchase.
Should I register a Boundary Agreement?
Although registration is not legally required, it is considered good practice to register the Agreement with HM Land Registry as this will help:
- Avoid potential disputes in the future
- Ensure the boundary is clearly recorded
- Provide clarity for future owners
- Protect your rights and those of future property owners
Once registered, HM Land Registry will update the title for your property and send you a copy of the updated record.
Key takeaways for property owners
- A Boundary Agreement clearly defines the line dividing two properties and helps prevent disputes.
- These agreements bind successors in title, even if they are unaware of the agreement when purchasing.
- Registration with HM Land Registry is not required but strongly recommended for certainty.
- When buying a property, always ask your Conveyancer whether any Boundary Agreements exist.
- Seek legal advice before entering into or relying on a Boundary Agreement to ensure it is properly drafted and understood.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
