As is all too well known, boundary disputes between neighbours can not only be costly, but can cause long lasting grievances between parties. Many believe that the Land Registry title will clearly identify the boundaries between properties, but that is unfortunately not always the case. Land Registry title plans do not show a determined boundary, but a general boundary. What may be the position on the ground can differ significantly from what is shown on the Land Registry title plan.
So, what should you do if you are unsure where the boundary of your property ends and your neighbours begins?
There are a number of options available to try to resolve this:-
- Boundary demarcation agreements – the parties can agree between themselves and record the exact location of the boundary line between properties in a formal agreement.
- Determined boundary – it is possible to apply to the Land Registry to seek a determination of the boundary line. Once the boundary is determined that determination is filed at the Land Registry.
- Third party determination – if the parties are unable to agree the exact location of the boundary, an expert surveyor can be instructed to provide a decision to both parties as to the boundary line.
- Mediation – alternatively, if the parties are unable to resolve matters, mediation can assist with that determination if both parties will agree to engage in a mediation.
- Litigation – as a last resort. If the parties are unable to engage in any other way of determining the boundary, then the courts can decide, but be aware, the courts expect the parties to take all necessary steps to resolve matters without court intervention.
It is important to understand that a boundary demarcation agreement does not usually transfer a portion of land from one party to another but identifies the boundary line between properties.
Despite cases dating back to the 1960’s and before, which considered boundary agreements and whether they could bind successors in title, a recent case provides a helpful reminder of the court’s approach to such cases.
Background
The Court of Appeal case of Darren White v Michael Alder & Anor [2025] EWCA Civ 392 involved a boundary dispute between neighbours. In this case, the previous owners of the neighbouring properties, Willow Cottage and The Old Stores respectively, had reached an oral agreement as to the exact position of the boundary including the boundary features on the line of the boundary between their properties in October 2005. This was then recorded in an informal written agreement, which included a plan.
Willow Cottage and The Old Stores were sold to the current owners White and Alder in November 2005. In 2016, works were undertaken by White, which resulted in the demolition of the boundary wall to allow for an extension being built.
The Alders raised an objection to the demolition of the boundary wall and the extension works, which they claimed were trespassing over the boundary line.
Decision
The lower court found in favour of the Alders and confirmed that the boundary agreement entered into by the parties’ predecessors was binding on White. White claimed that he did not have knowledge of the boundary agreement when he purchased his property.
White appealed the decision, but the Court of Appeal held that the boundary agreement entered into by their respective predecessors was binding on them, irrespective of knowledge or lack thereof of the existence of the boundary agreement.
Courts Approach
Landowners should bear in mind that the courts, if the facts are suitable, will find in favour of a party seeking to enforce a boundary agreement. Megarry J stated previously that “A boundary agreement is, in its nature, an act of peace, quieting strife and averting litigation, and so is to be favoured in the law”.
Points to take away
If you are a prospective purchaser, it is important to consider boundaries carefully and make detailed enquiries in this regard. Ensure that the question is asked about boundary agreements, as these may not be recorded on the Land Registry title, but may be an old document left in a dusty cupboard!
If you are concerned about your boundary or already in a dispute, please contact us on 0345 646 0406 and a member of our team will be in touch.