Darren White v. Michael Alder and Sheila Alder [2024]

Paul Wilmshurst has been granted permission by the Court of Appeal for a second appeal in the landmark boundary agreement case of Darren White v. Michael Alder and Sheila Alder.

The dispute revolves around the binding effect of boundary agreements on successors in title. Initially, the trial Judge ruled that the boundary agreement was binding on Mr. White as a successor in title, even if he was unaware of the agreement. The Court of Appeal will now examine whether such agreements are generally binding and if they apply to purchasers who have no knowledge of them.

The case addresses critical legal uncertainties highlighted in the Gibson v New case, where Paul Wilmshurst also appeared, and referenced in the Land Registry Guide. This appeal will provide much-needed clarity on these issues.

Lord Justice Snowden emphasised the importance of the case, stating, “The Appellant has a realistic prospect of establishing on appeal that the Judge was wrong in law to hold that the boundary demarcation agreement…was binding on the Appellant as a successor in title to Willow Cottage, irrespective of whether the Appellant had any knowledge of that agreement when he acquired that property.”

Paul Wilmshurst is ranked as a leading property barrister whose practice embraces the full range of property litigation between individuals and businesses, including matters with environmental or administrative law aspects. For more information about Paul Wilmshurst, see his practice profile here.