Are boundary agreements enforceable?

Disputes between neighbours over the position of a boundary are common and often contentious. Are boundary agreements the answer, and can you rely on them to be enforced by the courts?

When questions arise over where a boundary lies between two properties, as well as who is responsible for maintaining it, the starting point is usually the title deeds. However, these are not always conclusive. A conveyance will typically include a parcels clause describing the extent of the land, but such descriptions are not always precise enough to resolve disputes over a boundary’s position.

Similarly, Land Registry title plans are often unreliable for determining exact positions. As confirmed in Acco Properties Ltd v Severn [2011] EWCA, registered boundaries are “fuzzy at the edges”. This is because, under Section 60 of the Land Registration Act 2002, title plans usually show only “general boundaries” unless a determined boundary has been registered.

In light of this, putting a boundary agreement in place can clarify any uncertainty and such agreements are a pragmatic way of asserting your position.

What are boundary agreements?

Boundary agreements are legal arrangements between neighbours clarifying the position of an uncertain boundary. Importantly, it does not transfer land but merely acknowledges or records what the parties accept to be the true boundary line.

What are the different types of boundary agreements?

The leading case in this area is Neilson v Poole [1969], which made the fundamental distinction between the two types of boundary agreements:

1. Conveyancing agreements: these effectively transfer land and therefore require the formalities of a deed and registration.
2. Demarcation agreements: these affirm the position of an uncertain boundary referred to in the title documents.

Are boundary agreements legally enforceable?

In short, demarcation agreements are enforceable by the courts.

The recent case of White v Alder [2025] clarified that a valid boundary agreement intended to demarcate an unclear boundary will bind successors in title, even if they were unaware of the original agreement.

Similarly, Gibson v New [2021] went on to clarify that a settlement agreement would equate to an enforceable boundary agreement as long as it determined an existing boundary. Therefore, when assessing the two types of boundary agreements established in Neilson v Poole, it appears that demarcation agreements are deemed enforceable by the courts.

These agreements do not have to be written and formalised, such as in Acco Properties Ltd v Severn [2011]. A valid, enforceable agreement can be inferred from the actions of both parties towards a particular boundary.

What should I do if I’m involved in a dispute with a neighbour over the position of a boundary?

Boundary agreements should be used practically by neighbours to resolve any uncertainty. When used as a demarcation agreement, they are legally enforceable and can even bind future owners of the land.

However, the extent to which they can be relied upon is limited. A boundary agreement can only recognise and record the true position of an existing boundary. If the land is being transferred, the usual formalities of a conveyance are required.

How can Willans help with neighbour disputes and boundary agreements?

Our property disputes solicitors are specialists in resolving disagreements between neighbours.

If you are involved in a dispute over the position of a boundary on your land or property, please get in touch for an initial consultation about your situation. Our team would be happy to assist.