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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