Imagine you move into a new home and decide to build an extension. You knock down a wall that seems to be on your side of the garden, only to find your neighbour furious, claiming you’ve crossed the line. Literally.
That’s exactly what happened in a recent Court case called White v Alder. And the outcome might surprise you.
The backstory
Back in 2005, the previous owners of two neighbouring homes had a chat and agreed where the boundary between their properties should be. They even sketched it out and wrote it down informally. No lawyers, no official paperwork at the Land Registry—just a simple agreement between neighbours.
Fast forward to 2016. Mr. White, the new owner, starts building an extension. He tears down the old boundary wall, unaware of the earlier agreement. His neighbours, the Alders, say he’s built over the line. A legal dispute follows.
What did the Court say?
The Court of Appeal ruled that the original agreement about the boundary, made by the previous owners, still stands. Even though Mr. White didn’t know about it when he bought the house, it’s legally binding.
Why is it legally binding?
It is legally binding because the agreement wasn’t about giving away land. It was simply about agreeing where the boundary was. And once that’s agreed, it becomes part of the legal understanding of the property, even for future owners.
Why this matters
This case highlights a key difference in property law:
- Transferring land (giving or swapping bits of land) needs formal legal steps.
- Agreeing where the boundary is (a “demarcation agreement”) doesn’t need all that. It’s more like saying, “Let’s agree this is the line,” and shaking hands on it.
The Court said these kinds of agreements help avoid arguments and should be respected, even if they’re not officially recorded.
What should you do?
If you’re buying a home, especially one with shared boundaries, it’s worth asking the seller:
- Have there been any informal agreements about the boundary?
- Are there any differences between the fence or wall and what’s shown on the title plan?
These questions aren’t always part of the standard legal checks, so it’s good to raise them yourself.
Final thought
Boundaries can be tricky, but a simple neighbourly agreement—if done clearly—can carry a lot of legal weight. So next time you’re chatting over the garden fence, remember: a handshake today might still matter years down the line.
Nelsons Property Litigation team are experts in boundary disputes. We can assist you in establishing the boundary and then ensuring that any agreement is clear, binding and sets out what is agreed to stop any arguments in the future.
How can we help?
Simon Waterfield is a Partner in our expert Dispute Resolution team, specialising in property disputes, rights of way claims, landlord and tenant disputes and commercial disputes. With over 30 years of experience, Simon specialises in rights of way disputes. He regularly advises landowners on how to prevent a public right of way from being created and defends landowners if an application has been made to add a public footpath across their land to the definitive map.
For more information on the subjects discussed in this article, get in touch with Simon or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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