Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) confirms boundary agreements bind successors irrespective of knowledge: proprietary effect in White v Alder [2025]; Neilson v Poole followed; Gibson v New obiter distinguished

Published on: 24 April 2025

Published by a LexisNexis Property Disputes expert

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Article summary

White v Alder [2025] EWCA Civ 392 (7 April 2025)

What are the practical implications of this case?

This ruling is a definitive and unequivocal statement from the Court of Appeal clarifying the nature and legal consequences of boundary demarcation agreements. Delivering the principal judgment, Asplin LJ held that such an agreement operates with proprietary effect and, as a result, binds successors in title regardless of any knowledge they may or may not have. To most property practitioners, the outcome will seem unsurprising. It aligns with the familiar approach articulated by Megarry J in Neilson v Poole (1969) 20 P&CR 909 (not reported by LexisNexis®UK), the leading authority on boundary agreements since 1969. Even so, although Megarry J’s reasoning had been affirmed by the Court of Appeal on a number of occasions, in the absence of a clear, binding authority squarely addressing the issues raised here, residual doubt persisted. The Court of Appeal has now stated, in terms that admit of no ambiguity, that these agreements are an ‘act of peace’ which public policy should promote. The decision accordingly restores confidence for practitioners advising clients who intend to rely upon a boundary demarcation agreement as necessary and appropriate in practice...

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