Disputes over land boundaries can quickly become costly, stressful, and disruptive – especially when they involve long-standing neighbours. One way to avoid or resolve uncertainty is to ensure you have boundary agreements in place.
But what exactly is a boundary agreement, how do they work, and are they legally binding? Our expert Litigation and Dispute Resolution solicitor, Michal Kampa, has answered some of the most frequently asked questions in this guide.
What is a boundary agreement?
A boundary agreement is a formal or informal understanding between landowners regarding the position of a boundary that separates their respective properties. These agreements are especially useful when the legal documents or Land Registry plans are unclear, outdated, or subject to dispute.
Boundary agreements can be:
- Verbal – though difficult to evidence and enforce
- In writing – the recommended approach, as it provides clarity and can be recorded with HM Land Registry
A boundary agreement does not usually transfer land ownership unless expressly intended. Instead, it defines where both parties accept the boundary lies – helping to avoid future disagreements.
Are boundary agreements legally binding?
Yes, written boundary agreements are legally binding, and recent case law confirms they may also bind future owners.
In the 2025 case of White v Alder, the Court of Appeal confirmed that when neighbours agree on the location of the boundary between their properties (even if it was unclear beforehand), that agreement can still apply to future owners of the properties, even if they weren’t aware of it.
In this specific case, a boundary agreement had been reached and recorded by the original owners in 2005. Over a decade later, a boundary wall was removed, and a neighbour built an extension over the disputed area. Despite arguing a lack of knowledge, the court ruled that the agreement remained binding and established the physical extent of each property.
The court’s decision reinforces the principle that boundary demarcation agreements have a proprietary effect, meaning they define the legal boundary and are not merely a private understanding between individuals.
Types of boundary agreements
There are two main categories of boundary agreements:
- Boundary movement agreements – these transfer ownership of land by moving a boundary. As this involves a change in legal title, it must follow the usual formalities (including written contracts and registration).
- Boundary demarcation agreements – these clarify the boundary’s location without transferring significant land. These are presumed to involve only a trivial disposition of land, which does not require a deed or registration. However, registration is still advisable to avoid future disputes.
The court will assume that any land involved is trivial unless there is clear and convincing evidence to the contrary.
Should a boundary agreement be registered?
If you reach a written boundary agreement, it is highly advisable to register it against the title deeds of both properties at the Land Registry.
This ensures that:
- The agreement is on public record
- Future buyers have clarity
- The risk of future disputes is reduced
- The legal enforceability of the boundary position is strengthened
This is particularly important in light of the Court of Appeal’s decision in White v Alder, as it confirms that successors may be bound even without knowledge, but recording it helps prevent challenges.
Do I need a solicitor for a boundary agreement?
While informal agreements can sometimes work between cooperative neighbours, boundary agreements should ideally be drafted or reviewed by a solicitor to ensure that the agreement is legally sound, accurately reflects the parties’ intentions, can be properly registered, and provides protection if circumstances change.
At Scott Bailey LLP, our experienced lawyers can advise on all aspects of boundary disputes, boundary agreements, and Land Registry issues.
Common questions about land boundaries
What boundary is mine?
There is no fixed rule about left or right. Title plans are often vague. A boundary agreement or legal advice is the best way to clarify.
Can boundary lines change?
Yes – by agreement, long-term use (adverse possession), or formal determination. However, all changes must comply with legal rules to be enforceable.
What is a Land Registry boundary map?
Title plans from the Land Registry show general boundaries. They are not definitive unless a determined boundary application has been made. If you need visibility of the Land Registry and are unsure of where to start, reach out to us today.
Are boundary disputes worth it?
Boundary disputes are often unavoidable. Our litigation and dispute resolution team can help you resolve the dispute in a cost-effective and timely manner. At Scott Bailey, we believe that a practical and non-confrontational approach is often preferable to going to court – but, of course, we can provide expert legal support should a dispute escalate to this level.
Need advice on a boundary agreement?
If you’re unsure about where your boundary lies or are in dispute with a neighbour, we can help. Our expert team can:
- Help you reach a boundary agreement with your neighbour
- Draft a written agreement suitable for Land Registry registration
- Advise on the impact of Land Registry boundary determinations
- Support you in avoiding or resolving disputes.
Contact the Litigation and Dispute Resolution Solicitors at Scott Bailey LLP today for practical, tailored advice.
