White v Alder & Anor [2025] EWCA Civ 392 (07 April 2025)
A boundary demarcation agreement, whether express or implied, binds successors in title by defining the extent of the property conveyed or transferred, regardless of whether the successor had knowledge of the agreement. Such agreements have proprietary effect due to their nature and public policy supports their binding effect to avoid uncertainty and litigation.
- Citation
- [2025] EWCA Civ 392
- Parties
- Appellant/defendant: Darren White; Respondents/claimants: Michael and Sheila Alder
- Jurisdiction
- England and Wales
- Judgment Date
- 07 April 2025
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From County Court
- Outcome
- Appeal dismissed
- Legal Topics
- Boundary Agreements, Successors in Title, Proprietary Effect, Notice and Knowledge, Precedent and Ratio Decidendi
Case Brief
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Parties
Darren White
Appellant/defendant
Michael and Sheila Alder
Respondents/claimants
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Legal Issues
- 1 Does a boundary agreement bind successors in title?
- 2 Is knowledge of a boundary agreement required for it to bind successors in title?
Ratio Decidendi
A boundary demarcation agreement, whether express or implied, binds successors in title by defining the extent of the property conveyed or transferred, regardless of whether the successor had knowledge of the agreement. Such agreements have proprietary effect due to their nature and public policy supports their binding effect to avoid uncertainty and litigation.
Court Disposition
Appeal dismissed
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