header-logo header-logo

04 July 2025 / Edward Blakeney , Ashpen Rajah
Issue: 8123 / Categories: Features , Property
printer mail-detail

Ignorance is not bliss

224741
When ‘I didn’t know’ doesn’t cut it: Edward Blakeney & Ashpen Rajah examine boundary agreements which bind successors in title
  • A boundary agreement will bind successors in title irrespective of their (the successors’) knowledge.
  • That is the case for binding agreements that are express and those that are inferred.
  • This result flows from the nature of boundary agreements, which delineate the property transferred for all purposes.

In Neilson v Poole (1969) 20 P & CR 909, Mr Justice Megarry observed that a boundary agreement is ‘an act of peace, quieting strife and averting litigation and so is to be favoured in the law’. The Court of Appeal’s recent decision in White v Alder [2025] EWCA Civ 392 upholds the utility of these agreements by confirming that a boundary demarcation agreement is binding on successors in title, whether or not they had knowledge of it when purchasing.

The facts in White v Alder

The parties were neighbours. Mr White was the owner of ‘Willow Cottage’ and Professor

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll