Boundary line lessons from White v Alder [2025] EWCA Civ 392
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.
Nicholas Isaac KC
Nicholas Isaac KC is described by Chambers and Partners as “utterly brilliant… and incredibly knowledgeable,” “a compelling advocate” who is “fantastic with clients”. He has extensive experience in all aspects of property litigation, and relishes the challenge of difficult cases, last-minute instructions and novel points.
About the speakers
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Robyn Cunningham Nicholas Isaac KC is described by Chambers and Partners as “utterly brilliant… and incredibly knowledgeable,” “a compelling advocate” who is “fantastic with clients”. He has extensive experience in all aspects of property litigation, and relishes the challenge of difficult cases, last-minute instructions and novel points.
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Robyn Cunningham Robyn has a broad property litigation practice covering all aspects of landlord & tenant and real property. She also undertakes instructions in general chancery, including trusts, contentious and non-contentious probate. Robyn regularly appears led and unled in the County Court, First-tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber) and the High Court (Chancery Division). She has also represented clients in the Court of Appeal. |
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