The Dog-Proof Fence That Ended Up in the Court of Appeal: Todd v Marsh
Where exactly is the boundary between neighbouring properties, and can an informal agreement between neighbours settle the issue?
In this episode of Unpacking the Case, we explore Todd v Marsh [2026] EWHC 1701 (Ch), a decision that attracted national attention and provides valuable insight into how boundary disputes are approached by the courts. The case centres around a dog and deer proof fence that was moved by the neighbours. In reaching its decision, the Court considered a range of important authorities spanning more than 250 years, including Penn v Lord Baltimore (1750), Neilson v Poole (1969), Gibson v New (2021), White v Alder (2025) and Bishop v Jacques (2025).
Our Head of Legal Training Richard Snape looks at what these cases tell us about informal boundary agreements and certainty of ownership.
This episode offers insight into an area of property law where a few inches of land can lead to years of litigation.
Relevant Cases:
Penn v Lord Baltimore (1750)
Neilson v Poole [1969]
Gibson v New [2021]
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