What Is The Average Cost Of A Boundary Dispute?
Boundary disputes can arise for a variety of reasons, such as unclear, conflicting, or changing border definitions, historical claims, or the discovery of valuable resources near the disputed area.
While seemingly minor, these disputes can quickly become complex and costly to resolve.
But how much can boundary disputes cost?
Many factors can impact the financial cost of boundary disputes.
This article will explore some of the more common issues, including solicitor fees, surveyor costs, and potential litigation expenses.
We will also outline alternative resolution methods to help you manage disputes efficiently and cost-effectively, ensuring you are well-informed before taking the next steps.
How Are Boundaries Determined?
First, let’s look at how boundaries are determined by law.
Additional complications arise when people depend on Land Registry plans.
Many assume these plans are precise and use them as a basis to reposition boundary walls or fences according to their perception of the correct location.
However, under Section 60 of the Land Registration Act 2002, boundaries shown on Land Registry title plans are considered “general boundaries” unless formally determined.
This means that physical features like fences, hedges, or ditches may not always align perfectly with the legal boundary line.
To establish the exact boundary, the following steps are typically taken:
- Boundary Surveys: A qualified boundary surveyor can produce a detailed survey map using accurate measurements, helping to identify the true boundary position.
- Application to the Land Registry: A property owner can apply to the Land Registry to determine and officially register the precise boundary under Rules 117-119 of the Land Registration Rules 2002.
- Dispute Resolution: If disagreements persist, the matter may be referred to the First Tier Tribunal, where evidence such as surveys and historical records will be considered to make a final decision.
Determining a Boundary and Surveyor Costs
Many boundary disputes could be avoided with a high-quality survey obtained early in the process.
A detailed, electronic survey plan can provide clear dimensions and accurate data. Specialist chartered land surveyors are often essential, as non-specialists may produce substandard plans that complicate matters further.
The Royal Institution of Chartered Surveyors (RICS) offers a helpful search function to find qualified experts.
How Much Do Boundary Surveyors Cost?
The cost of a boundary surveyor will vary depending on the complexity of the dispute, property size, and location. On average, boundary surveyor costs range between £1,500 and £5,000, although more detailed surveys or expert witness reports can increase this amount.
Taking Legal Action Over Boundary Disputes
If the parties involved cannot resolve the issue between themselves, they will have to refer the matter to the County Court or First Tier Tribunal.
However, the cost of the litigation itself often outweighs the value of the land in dispute.
Lawyers will always encourage the parties to attempt to mediate and resolve the issues outside of litigation in accordance with the Civil Procedure Rules (see more below).
Their overriding objective is that all matters must be just and at a proportionate cost, with Court proceedings being the last resort. The Court will also encourage the parties to settle the matter before going in front of a Judge.
To give you an idea of how much costs can potentially escalate, in one case (Gilks -v- Hodgson [2015] EWCA Civ 5), legal costs for the parties spiralled to over £500,000 and it is not uncommon for costs to exceed £10,000 and even reach costs of £50,000 or more.
Different Types of Legal Boundary Issues
Boundary disputes typically arise from disagreements over property lines, ownership, or encroachments stemming from fence repairs, hedges being cut without permission and over-hanging guttering to name but a few.
Understanding the main types of disputes can help property owners identify the issue and take appropriate steps to resolve it.
The most common types of boundary disputes include:
Common Law Boundary Issues
Common law requires that one of the parties must apply to the Court for a Declaration of the boundary line.
This was often dismissed in the past, as litigation costs outweighed land value.
Trespass and/or Encroachment
Another option is where one party may allege that his land is occupied by another party, which could amount to a trespass. Alternatively, the other side may have erected a structure across what the Claimant considers to be the boundary, or even where tree roots have been allowed to cross over the purported boundary.
Adverse Possession
Once the paper-title boundary is established, adverse possession may still affect the boundary line. A “squatter” may claim ownership of land they have possessed for 12 years in the case of unregistered land. In registered land, adverse possession can apply if the squatter reasonably believed they owned the land for at least 10 years.
Alternative Ways to Resolve Boundary Disputes
Litigation over boundary disputes can be time-consuming, costly, and stressful for all parties involved.
Fortunately, there are alternative methods for resolving these disputes that can save time and reduce costs while promoting amicable solutions.
- Mediation
Mediation is a structured process where an independent mediator helps parties reach an agreement. This method is often faster and significantly less expensive than going to court. Organisations such as the Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association offer specialist boundary dispute mediation services. For example, a fixed-fee service starting at approximately £4,200 + VAT can provide a boundary report and facilitate negotiations between the parties. - Boundary Disputes Protocol
Introduced in 2017, the Boundary Disputes Protocol encourages parties to follow a clear dispute resolution process. This protocol includes gathering evidence, commissioning professional surveys, and engaging in early negotiations. By following the protocol, parties can often avoid the need for formal litigation, saving significant legal and surveyor costs. - Negotiation Between Parties
In many cases, disputes can be resolved through direct negotiation. With the guidance of experienced boundary dispute solicitors, parties can work together to reach a fair and practical agreement. Solicitors can also draft formal agreements to ensure the resolution is legally binding and enforceable. - Arbitration
Arbitration is another alternative where an independent arbitrator makes a decision after reviewing evidence from both parties. While the process is less formal than court proceedings, the arbitrator’s decision is legally binding. This approach can be quicker and more cost-effective than litigation.
Why Choose Alternative Resolution Methods?
Resolving a boundary dispute outside of court can offer several benefits:
- Lower Costs: Mediation and negotiation are generally more affordable than litigation.
- Faster Outcomes: Alternative methods often resolve disputes in a shorter timeframe.
- Reduced Stress: By promoting cooperation, these methods can help maintain neighbourly relationships.
At Bennett Griffin, our experienced boundary dispute solicitors can guide you through alternative dispute resolution options, helping you achieve a cost-effective and practical solution to your boundary issues.
The Average Cost of a Boundary Dispute: Summary
Boundary disputes can quickly escalate both in complexity and cost. While each dispute is unique, typical costs include:
- Boundary Surveyor Costs: Ranging from £1,500 to £5,000 depending on the property size and complexity of the issue.
- Legal Fees: Solicitor costs will vary, but early legal advice can help manage and potentially reduce overall expenses.
- Mediation Fees: Fixed-fee services, such as those offered by RICS, often start at £4,200 + VAT and can provide a cost-effective resolution.
- Litigation Costs: If the dispute progresses to court or the First Tier Tribunal, costs can quickly rise, sometimes exceeding the value of the land in question.
Given the potential for significant expenses, resolving boundary disputes efficiently through negotiation, mediation, or expert legal guidance is essential.
Need Help Resolving a Boundary Dispute?
At Bennett Griffin, our experienced boundary dispute solicitors can provide expert advice and support to help you resolve disputes as cost-effectively as possible.
From guiding you through mediation to representing you in court proceedings, we are here to protect your interests every step of the way.
Contact our West Sussex team to discuss your boundary dispute and take the first step towards a resolution.
You can call out Worthing or Chichester offices or email info@bennett-griffin.co.uk.
This article was first published 11 February 2022 and updated 3 June 2025.