In this episode of Tanfield Talks, Nicholas Isaac KC and Robyn Cunningham discuss boundary agreements and the issues that commonly arise in practice.
The first half looks at the Court of Appeal’s decision in White v Alder [2025] EWCA Civ 392. The case considers informal boundary agreements and builds on a long line of authority on the subject. Nicholas and Robyn explore how informal agreements can come about, when the courts may be willing to recognise them, and the risks involved where boundaries have never been formally established.
In the second half, the focus shifts to determined boundaries. The discussion considers what a determined boundary involves and whether seeking one is always the best course in practice.
Cases:
White v Alder [2025] EWCA Civ 392
Gibson v New [2021] EWHC 1811 (QB)
Nata Lee Ltd v Abid [2015] 2 P. & C.R. 3
Neilson v Poole (1969) 20 P. & C.R. 909
Legislation:
Land Registration Act 2022, s 60
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