There is no single reliable court-cost figure. The disputed land may be modest in value while legal work, expert evidence, hearings and appeals become very expensive. Winning does not guarantee recovery of every fee.
Two judgments showing the scale of the risk
In Clapham v Narga [2024] EWCA Civ 1388, paragraph 80 records combined costs of the trial and two appeals exceeding £300,000. In Gilks v Hodgson [2015] EWCA Civ 5, a dispute involving a boundary and right of way generated costs of about £500,000; the judgment describes ten trial days and three appeal days, with damages of £3,500.
These are particular cases, not typical quotes or predictions for your dispute. They illustrate why litigation risk should be assessed before positions harden.
Does the loser always pay everything?
The court has discretion about costs. The general rule is that the unsuccessful party pays the successful party’s costs, but different orders can be made and the recoverable amount need not equal the whole bill. Conduct, offers and proportionality can matter. Ask your solicitor for advice on your own costs exposure and likely recovery.
Compare the available routes
- Early Neutral Evaluation: £400 + VAT desktop only or £750 + VAT with a site visit.
- Boundary investigation report: from £950 + VAT, typically £950–£1,200 + VAT, depending on title complexity.
- Private binding joint expert determination: £1,800–£2,400 + VAT total, approximately £900–£1,200 + VAT each on an equal split.
The scope and fee are confirmed before instruction. Legal advice, registration work and enforcement are separate where needed. A private determination requires both parties to agree the process and its binding effect.
Questions before escalating
What outcome do you need? What does the evidence support? Could negotiation, mediation or a binding private determination resolve the actual issue? Compare those options with the legal budget, practical benefit and risk of an adverse costs order.
Need help with the boundary evidence?
Send the property addresses, the disputed section and the key documents. We can confirm whether preliminary evaluation or a fuller investigation is appropriate.
Discuss the boundary → · View fees + VAT →- Civil Procedure Rules Part 44: costs discretion
- Clapham v Narga: judgment, paragraph 80
- Gilks v Hodgson: official judgment, paragraphs 2 and 42–43
- Coburns Knowledge Base: how much can boundary disputes cost
- Coburns Knowledge Base: is it worth going to court over a boundary dispute
- Coburns Knowledge Base: boundary disputes why court should be the last resort
Adapted from Coburns’ boundary Knowledge Base for this site, with updated explanations and related guidance.