Darren White v Michael Alder & Anor

Darren White v Michael Alder & Anor

A boundary demarcation agreement, whether express or implied, binds successors in title irrespective of their knowledge of the agreement, as it defines the extent of the property conveyed or transferred. Such agreements have proprietary effect by their nature and are ancillary to the conveyance or transfer, not requiring registration or notice to bind successors.

Parties
Appellant/defendant: Darren White; Respondent/claimant: Michael Alder; Respondent/claimant: Sheila Alder
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Agreements, Successors in Title, Land Registration, Precedent
Property Law Boundary Agreements Successors in Title Land Registration Precedent

Case Brief

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Parties

Darren White

Appellant/defendant

Michael Alder

Respondent/claimant

Sheila Alder

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a boundary agreement binds successors in title
  2. 2 Whether knowledge of a boundary agreement is required for it to bind successors in title

Ratio Decidendi

A boundary demarcation agreement, whether express or implied, binds successors in title irrespective of their knowledge of the agreement, as it defines the extent of the property conveyed or transferred. Such agreements have proprietary effect by their nature and are ancillary to the conveyance or transfer, not requiring registration or notice to bind successors.

Court Disposition

Appeal dismissed