Contact the Royal Institution of Chartered Surveyors for advice on resolving border disagreements. The High Court held that the consequence of the special agreement was that the applicants were required to assign to the defendants an interest in the land. The applicants argued that the oral special agreement was therefore not in conformity with section 2 of the Miscellaneous Commissions Act 1989. Section 2 provides that a contract for the sale or assignment of land must be in writing and must be signed by or on behalf of each party. In the past, courts have distinguished between two different types of border agreements. “Now a border agreement can be a land transfer treaty. The parties may agree that in exchange for a concession from A to a location that straightens the dividing line, B will make a grant to another location; and the agreement can therefore be an agreement for the transfer of land. But there is another type of border agreement. This means nothing more than identifying on the spot what the documents describe in words or describe on plans. Nothing is transmitted, at least deliberately; the agreement must be identified and must not be transmitted.

In such a case, I do not see how the agreement can be regarded as a land transfer contract. This agreement will be concluded on July 15, 2017 between John Smith of 10 Acacia Avenue, whose title is registered as XX12345, and Mary Brown, of 12 Acacia Avenue, whose title is registered as XX67891. In this case, the Tribunal found that there was no explicit derogation from Section 2 for border agreements concluded for the purpose of “delimitation” of the border. In the first case, the parties may agree (for example) to straighten the line of a boundary, so that Party B, in exchange for a concession from Part A at one place, makes a concession at another place. It would be a land transfer contract. In the second type, the parties do nothing but identify on the spot what the title documents describe in words or on a plan. Nothing is transferred (at least deliberately) – the agreement must be identified or delimited, cannot be transmitted. This type of agreement is not a land transfer contract.

Seek legal advice when considering entering into a border agreement. You cannot use a border agreement to sell or give away part of your country to your neighbour. “To say that such a colony of borders amounts to alienation is not the real idea of this; Because if they are made just, without consultation (which is not suspected), the limits thus set must be considered as true and ancient borders. [Highlighted here only] The parties agree that the legal boundary between the country, within their respective registered titles, which runs from the point marked “A” to the point “B” in the annexed plan, as shown by the red line between these points. . . .