Boundary disputes can cause huge amounts of stress for property owners, and resolving these disputes will usually require the assistance of a boundary dispute solicitor.
The first way to avoid this type of dispute is ensuring thorough due diligence when purchasing a property to evade unpleasant surprises later on, such as finding out about a boundary demarcation agreement regarding your property.
A boundary demarcation agreement is a legal document or agreement between two or more parties which defines the physical boundaries between neighbouring properties. These agreements are often created in situations where there is a level of ambiguity regarding the property lines or where neighbours simply wish to formally agree on the location of their boundaries.
A new decision on boundary demarcation agreements
A new decision by the Court of Appeal has held that a boundary demarcation agreement will be binding on successors of title, regardless of their knowledge of this agreement.
The case this was concluded in is White V Alder and Another [2025], where W, the owner of Willow Cottage, and A, the owner of the neighbouring property, had a property dispute following W demolishing part of the property’s boundary wall in 2016 to construct an extension on Willow Cottage. In 2005, the previous owners of Willow Cottage had agreed the location of the boundary in writing with a plan, so this demolition prompted A to initiative proceedings claiming trespass on their land.
What is the consequence of this decision?
This case highlights the importance of conducting thorough due diligence before purchasing a property, especially in relation to boundary agreements. The Court of Appeals decision emphasises the onus on buyers to enquire about such agreements before completing the purchase of a new property – this can relate to both residential property and commercial property.
The case of White v Alder and Another serves as a precaution for property purchasers, highlighting the importance of checking all relevant legal agreements and boundary agreements before purchasing a property to avoid a potentially expensive surprise later on.
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If you are purchasing a commercial property, get in touch with our expert commercial property specialist team who can advise on buying, selling, developing or leasing premises. The team has a wealth of expertise in dealing with every aspect of commercial property and related transactions, with clients ranging from small companies to large corporates, landlords and agents, in addition to investors rural estates and landowners.
Email our team today at commercialpropertyenquiries@afglaw.co.uk or call 0161 359 3880 and our team will be more than happy to help.