Boundary Agreement And Its Legal Effect

Disputes between neighbouring landowners relating to an unclear boundary can escalate, often leading to costly litigation. One way to resolve the uncertainty is to have a boundary agreement in place.

A boundary agreement is generally a written agreement between neighbouring landowners about the position of the boundary separating their properties. It can also record who is responsible for maintaining a hedge/tree or fence/wall between the two properties.

A boundary agreement cannot be used to sell or give away part of your land to your neighbour. Its purpose is to define where both parties accept the boundary lies. It can be useful to avoid future disagreements and such it is highly advisable to register it against the title of both properties with HM Land Registry.

A boundary agreement is a legally binding contract between the parties and in the recent case of White v Alder and another [2025] EWCA Civ 392, the Court of Appeal had to consider whether a boundary agreement binds successors in title even if they had no knowledge of the agreement.

The dispute in this case arose between Mr White and his neighbours Mr and Mrs Alder, who purchased their properties in November 2005. Shortly before their purchase in October 2005, their predecessors in title agreed the location of the boundary of their respective properties and who owned the physical boundary features. In 2016, Mr White demolished part of the boundary wall between the two properties and constructed an extension. Mr and Mrs Alder, alleged that the foundations of the extension trespassed on their land, based on the earlier boundary agreement. Proceedings were issued by Mr and Mrs Alder in 2020 seeking damages, injunction and a declaration as to the position of the boundary and the boundary features.

The Court of Appeal concluded that a boundary agreement defines the boundaries between the properties conveyed in the root conveyance or transfer. It held that an agreement, the purpose of which is to define a previously unclear or uncertain boundary, has proprietary effect and, as a result, also binds successors in title. It further commented that this was consistent with the public policy of a boundary agreement being an act of peace which should be encouraged.

For clear, practical advice on boundary agreements or resolving disputes with neighbours, contact our expert Property Disputes team on 0330 822 3451 or request a callback.