Boundary Agreements Can Bind Unsuspecting Future Owners

In the landmark case of White v Alder & Anor EWCA Civ 392, the Court of Appeal held that boundary demarcation agreements are binding on people who might buy the property in future (in law, known as successors in title), regardless of whether those successors had any knowledge of the agreement at the time they purchased the property.

The dispute in this matter originated between owners of two adjacent properties, Willow Cottage and The Old Stores. In 2005, the original owners orally agreed where the boundary line between their properties was, and documented this understanding in writing. Both properties were subsequently sold to new owners, including Mr White, who purchased Willow Cottage. 

Mr White had no knowledge of the prior boundary agreement between the previous owners. When a dispute arose about the location of the boundary between the two properties, Mr White argued in Court that he could not be bound by an arrangement he had neither consented to nor been informed of during the purchase.

Mr White lost his case against his neighbour initially, and then escalated his claim to the Court of Appeal. The Court of Appeal upheld the previous Court's rulings, confirming that boundary demarcation agreements are binding on successors in title regardless of their knowledge. This clarity, the Court reasoned, outweighs potential inequities to unwitting purchasers.

Impact of Boundary Decision

If you are buying a property, the impact of this Court of Appeal decision means that you could have to abide by a boundary agreement made by previous owners, even if such an agreement is not mentioned in standard searches or disclosed during the conveyancing process. 

To mitigate this, purchasers should insist on explicit declarations from sellers regarding any boundary arrangements, whether formal or informal. Conveyancers will now bear an enhanced duty to investigate historical disputes and request detailed disclosures on any boundary disputes, potentially extending their due diligence beyond their current standard practice.

Owners previously involved in boundary disputes now have stronger incentives to make sure that any informal boundary agreements are recorded in written agreements. These written agreements will provide lasting clarity and prevent future conflicts by binding subsequent owners. On the other hand, property sellers must openly disclose existing boundary agreements to avoid post sale disputes or claims of misrepresentation. Proactive recording of boundaries supported by precise plans and professional legal review is now more important than ever to ensure enforceability and transparency.

Do you have a problem with a boundary?

Disputes with neighbours about where a boundary between two properties lies, can arise in numerous different ways. You may think that your boundary fence in wrong place, that your neighbour has taken part of your garden and you want to know how to get land back from a neighbour. 

At Samuels Solicitors, our specialist property conveyancing and property litigation team can advise you on all aspects of boundary disputes and agreements. Whether you are purchasing, selling, or already own a property, we can:

                •              Review and advise on existing boundary agreements;

                •              Assist in negotiating and formalising new agreements;

                •              Conduct thorough due diligence during the conveyancing process; or

                •              Act for you in any new boundary disputes to help you resolve disputes with your neighbours.

If you have a problem with the boundary of your property, do not wait for a dispute to arise or get worse. Contact one of our expert solicitors today for clear, practical advice and help to ensure your property boundaries are protected now and in the future.