Boundary Disputes Cost
Boundary disputes can be among the most stressful and costly conflicts between neighbours, developers, or landowners. This article breaks down the true cost of resolving boundary disputes, the key factors that affect costs, and practical ways to reduce financial exposure.
Whether it’s an overstepped fence, a disputed garden wall, or a misaligned title plan, resolving boundary disputes in England and Wales can quickly become expensive.
If you're facing a boundary issue, understanding the likely financial implications early can help you make informed decisions—and avoid escalating an already tense situation.
What Is a Boundary Dispute?
A boundary dispute arises when two parties disagree about the precise location of the legal boundary dividing their properties. This could involve issues such as:
- Overlapping fences or hedges
- Encroachment onto land
- Rights of access or easements
- Disputes over deeds or title plans
In many cases, these disagreements stem from poor historical records, vague Land Registry plans, or long-standing assumptions that have never been formally challenged.
How Much Does a Boundary Dispute Cost?
There is no single answer to this question. However, typical boundary disputes cost between £10,000 and £50,000 to resolve—sometimes significantly more if court proceedings are involved.
Let’s break down where those costs come from:
1. Surveyor’s Fees (£750 – £5,000+)
In most disputes, you’ll need an expert chartered surveyor to interpret title plans, carry out a measured survey, and produce detailed boundary reports. Costs vary depending on:
- The complexity of the site
- Accessibility
- Historical deed review
- Whether an expert report or court-compliant CPR Part 35 report is required
At Anstey Horne, we regularly act as expert witnesses in boundary disputes, producing accurate plans and impartial advice that hold up under legal scrutiny.
2. Legal Fees (£5,000 – £30,000+)
Instructing a solicitor with experience in boundary disputes is often essential—particularly if litigation is involved. Legal fees may include:
- Reviewing deeds, leases, and historic documents
- Sending pre-action correspondence
- Filing court proceedings
- Representation in mediation or court
Barrister’s fees for written opinions or advocacy at trial can add a further £3,000–£10,000.
3. Court Costs (£2,000 – £20,000+)
Should a case go to court, expect to pay for:
- Court application and hearing fees (typically £300–£1,500)
- Preparation of trial bundles
- Witness and expert evidence
- Time for a multi-day trial
If you lose the case, you may also be ordered to pay the other side’s costs—known as an adverse costs order.
4. Mediation or Alternative Dispute Resolution (£1,500 – £5,000)
Many parties attempt mediation before or during litigation. It is quicker and cheaper than going to trial and can lead to creative or amicable solutions. Mediator fees are usually split between the parties.
If successful, mediation can save tens of thousands in court and legal fees.
5. Land Registry Applications (£90 – £1,000+)
Boundary agreements or determined boundary applications can be filed with HM Land Registry. These may involve:
- Application fees (£90–£180)
- Legal drafting of boundary agreements
- Surveyor’s plans showing the agreed boundary
If uncontested, this can be a low-cost way to formalise the outcome.
Factors That Influence Boundary Disputes Cost
Several key factors can cause costs to escalate:
1. Complexity of the boundary: Sloped land, irregular shapes, or multiple title deeds can add complexity.
2. Length of dispute: Protracted conflicts increase legal and expert fees.
3. Uncooperative neighbours: If the other side refuses to engage, court action becomes more likely—and expensive.
4. Historical ambiguity: Old or vague title plans and lost documentation make resolution harder.
5. Appointing multiple experts: Each party hiring separate experts adds to total fees.
Who Pays the Costs of a Boundary Dispute?
Generally, each party bears their own costs, unless one side is ordered to pay the other’s legal fees by the court (if the case is lost or conduct was unreasonable). In mediation or negotiated settlement, parties usually split costs or agree cost apportionment.
That’s why it's so important to take early advice—poor decisions early on can lead to an expensive result later.
Can You Claim Legal Expenses Insurance?
Regular buildings insurance won't provide cover. However, some household or commercial property insurance policies include Legal Expenses Insurance (LEI) that may cover boundary disputes. Check your policy wording and notify your insurer at the first sign of trouble—failure to do so may invalidate your claim.
Note: Insurers often require you to use panel solicitors and may not fund high-cost litigation unless chances of success are strong.
Ways to Reduce Boundary Disputes Cost
Although boundary disputes can be costly, there are several ways to manage or reduce these costs:
1. Seek Early Expert Advice
Engage a chartered surveyor early to understand the boundary’s likely legal position. A reliable expert report can often avoid litigation altogether.
2. Mediate Rather Than Litigate
Mediation avoids court delays and costs. It also fosters better long-term neighbour relationships.
3. Use a Single Joint Expert
If both sides agree, appointing a single surveyor can save thousands in duplicated fees.
4. Explore Determined Boundary Applications
In suitable cases, a formal boundary determination filed with HM Land Registry may avoid the need for court.
5. Don’t Let Emotions Drive Decisions
Disputes driven by principle rather than practicality tend to spiral in cost. Focus on outcomes, not arguments.
Boundary Disputes: Typical Cost Scenarios
These are illustrative only—complexity and neighbour behaviour can change the financial landscape significantly.
Is It Worth Taking a Boundary Dispute to Court?
Not always. Court is a last resort. It’s expensive, uncertain, and time-consuming. Even if you “win”, you may not recover all your costs. That’s why it’s vital to get clear advice from boundary dispute professionals and consider every alternative before litigating.
Get Expert Advice from Anstey Horne
At Anstey Horne, we specialise in resolving complex boundary disputes across England and Wales. Our chartered surveyors provide:
- Accurate boundary surveys
- Expert witness reports compliant with court standards
- Support with mediation, legal teams, and Land Registry submissions
We work closely with solicitors and barristers to ensure your case is built on solid, defensible evidence—while also exploring cost-effective solutions where possible.
We combine technical expertise with in-depth legal understanding to help you achieve clarity and avoid costly conflict.
For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.
If you would rather we called you instead, please fill in our Contact form and we will be in touch.
For more information on all aspects of Boundary Disputes see the collection of articles in our blog.
For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.
If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact:
Geoffrey Adams
BEng (Hons) PgDip FRICS
Senior Director
Party Walls
London
Rickie Bloom
BSc (Hons) MRICS
Senior Director
Party Walls
London