Coburns Boundary

Can a privately appointed joint expert give a binding boundary decision?

Neighbours can agree to be bound by a private joint expert’s determination, providing a focused alternative to contested boundary litigation.

Yes. Neighbours can appoint one independent expert and agree in advance that the expert’s boundary determination will bind them.

Agree the effect before instructing the expert

The written joint instruction must define the question and expressly provide for a binding determination. Simply commissioning a shared report does not make it binding.

The principle in Jones v Murrell

In Jones v Murrell [2016] EWHC 3036 (QB), the neighbours agreed to be bound by a surveyor’s boundary award. HM Land Registry explains that it could not be challenged merely because it might be mistaken. Read Practice Guide 40, supplement 4, section 4.

A focused alternative to litigation

One shared investigation, a defined question and an agreed timetable can substantially reduce the time and cost compared with contested proceedings. Both parties must agree to participate and accept the outcome before it is known.

Use the right form of appointment

Private binding expert determination differs from a court Single Joint Expert under CPR Part 35, whose role is to give evidence to assist the court. The appointment should match the process the parties intend. Read CPR Part 35.

Putting the outcome into effect

The agreement should address the process and implementation. A separate Land Registry application may still be needed; the determination does not automatically amend the register. Legal advice can help the parties frame and record the arrangement.

One expert, a shared fee and an agreed outcome

Our private joint expert fee is £1,800–£2,400 + VAT total, approximately £900–£1,200 + VAT each on an equal split.

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Important: General information, not legal advice. The effect of a private expert determination depends on the parties’ agreement and the issues submitted. Obtain appropriate legal advice before entering a binding agreement or taking steps affecting title.