One independent expert. One shared investigation. A determination both parties agree to accept. Neighbours can jointly appoint Coburns to determine a defined boundary issue and agree in advance that the determination will bind them.
A practical alternative to a court battle
Where both parties are willing to use the same independent expert, private expert determination can be substantially quicker and cheaper than taking the boundary issue through court proceedings. The process focuses on the agreed question and the relevant evidence, with a timetable set for the instruction rather than a trial listing.
The expert reviews the documents and physical evidence, considers both parties’ positions and provides a reasoned determination. Both parties commit to the process before the outcome is known; the expert’s task is to assess the evidence impartially.
What makes the determination binding?
The binding effect comes from a written agreement signed by both parties before the work begins. It should identify the properties, the precise issue to be decided, the expert’s powers, the procedure, the timetable and how the fee will be shared. It should expressly state that the parties agree to be bound by the determination.
Jones v Murrell [2016] EWHC 3036 (QB)
HM Land Registry’s Practice Guide 40, supplement 4, section 4, describes neighbours who jointly appointed a surveyor and agreed to be bound by the boundary award. The court held that a party could not challenge the award merely because it might be mistaken.
Read HM Land Registry’s account of the case →Binding does not mean that every possible challenge is excluded. Questions about the agreement’s validity, the expert’s authority or enforcement may still require legal advice or court involvement. The instruction must therefore be carefully framed.
How the process works
- Agree the question. Identify the boundary or part of the boundary to be determined and any matters outside the instruction.
- Sign the joint instruction. Both parties agree the binding effect, evidence procedure, access, timetable and payment arrangements.
- Provide the evidence. Each party has an opportunity to supply relevant deeds, plans, photographs and its account of the dispute. Material relied on is handled transparently.
- Investigate and determine. We assess the documents and site features within the agreed scope and issue a reasoned determination identifying the boundary, with a plan where appropriate.
- Put the outcome into effect. The parties follow the determination and obtain any legal documentation or Land Registry application required.
Why the cost can be much lower
- One expert investigation and a shared expert fee.
- A focused question and an agreed procedure.
- The opportunity to avoid separate expert reports, trial preparation and contested hearings on the agreed issue.
- A timetable tailored to the instruction.
Speed and savings depend on the complexity of the title, the evidence, access and cooperation. We confirm the proposed scope and timetable before instruction.
When court costs become disproportionate
A small area of land can generate a very large legal bill. These judgments illustrate what can happen when neighbour disputes proceed through trials and appeals.
Clapham v Narga [2024] EWCA Civ 1388
A dispute over land beside a brook reached the Court of Appeal. Paragraph 80 records combined legal costs of the trial and two appeals exceeding £300,000.
Read the judgment: paragraph 80 (PDF) →Gilks v Hodgson [2015] EWCA Civ 5
This boundary and right-of-way dispute involved ten trial days and three appeal days. Paragraph 42 records costs of about £500,000, alongside damages of £3,500.
Read the judgment: paragraphs 2 and 42–43 →These are examples of unusually expensive litigation, not estimates for every boundary case. The figures concern litigation costs across the disputes, rather than a single expert’s fee. They explain why it is sensible to consider an agreed, proportionate route early.
Private joint expert and court Single Joint Expert
Our private service is a jointly appointed expert determination intended to bind the parties under their agreement. A Single Joint Expert under CPR Part 35 has a different role: preparing expert evidence for the court. The court decides the case; joint appointment alone does not make that expert’s opinion a binding determination. See CPR 35.2, 35.3 and 35.7.
Recording the boundary afterwards
A private determination does not automatically alter the Land Registry register or create a registered determined boundary. A separate application or other documentation may be needed. HM Land Registry must still consider the evidence for any application. See Practice Guide 40, supplement 4.
Resolve the issue before the costs escalate
If both neighbours are willing to appoint one independent expert and accept a binding determination, send us the property addresses, the disputed question and the documents available.
Discuss a private joint appointment →Local boundary services
We accept instructions around Birmingham and Warwickshire, along the M1 and M40 routes, and into Berkshire, north, west and south-west London and selected Surrey towns.
Find local coverage and useful council record links →