Expert Witness
Oct 2, 2026

Boundary Dispute Costs and Outcomes: What Neighbours Actually Spend, How Long It Takes and Whether the Surveyor's Report Decides It (2026)

Sourced figures on boundary disputes in England and Wales: reported costs from £910 to half a million pounds, the 2015 Ministry of Justice estimates, court and tribunal timescales, fees by route, and when a surveyor's determination binds.

£300,000
Combined legal costs of the trial and two appeals in Clapham v Narga exceeded £300,000, over a strip of land the Court of Appeal put at between two and five metres deep.
Source: Clapham v Narga [2024] EWCA Civ 1388 (2024)

KEY TAKEAWAYS

  • → half a million pounds Costs in Gilks v Hodgson approached half a million pounds against damages of £3,500, after a ten-day trial and three days in the Court of Appeal (2015). (Gilks v Hodgson [2015] EWCA Civ 5, 2015)
  • → £10,000 to £50,000 The only official estimate of a typical boundary dispute's cost: stakeholder figures gathered for the Ministry of Justice's 2015 scoping study, which also recorded that costs "typically far exceed the value of the piece of land at stake". (MoJ Boundary Disputes Scoping Study, 2015)
  • → 55.9 weeks Median time from issue to trial for fast, intermediate and multi-track county court claims in England and Wales, April to June 2026, the track a defended boundary claim normally sits on. (MoJ Civil Justice Statistics Quarterly, 2026)
  • → less than 1% Share of registered titles with a determined (exact) boundary; the rest show only a general boundary, which is why the title plan rarely settles a dispute. (HM Land Registry boundaries guidance, 2026)
  • → £700-£1,000 The jointly instructed surveyor's estimate in Crea v Camp for a boundary determination that, eight years and two courts later, the High Court held both neighbours had agreed to be bound by (2025). (Crea v Camp [2025] EWHC 2638 (KB), 2025)
  • → over 1100 Disputed Land Registry applications referred to the First-tier Tribunal's Land Registration Division each year, where there is no fee and free mediation is offered. (Courts and Tribunals Judiciary, 2023)
  • → £90 HM Land Registry fee to apply for a determined boundary, against a £387 county court issue fee for a non-money claim and a £1,334 multi-track hearing fee. (GOV.UK determined boundary guidance, 2026)

Ask a solicitor what a boundary dispute costs and the answer is almost always £10,000 to £50,000. That range has a single origin: the Ministry of Justice's scoping study of January 2015, which gathered estimates from 10 respondents and recorded that costs "typically far exceed the value of the piece of land at stake"(MoJ Boundary Disputes Scoping Study, 2015). Nothing official has measured the subject since. What has accumulated instead is a run of judgments in which the Court of Appeal states the bill: over £300,000 for a strip between 2 metres and 5 metres deep in Clapham v Narga (2024) (Clapham v Narga [2024] EWCA Civ 1388, 2024), and costs approaching half a million pounds against damages of £3,500 in Gilks v Hodgson (2015) (Gilks v Hodgson [2015] EWCA Civ 5, 2015).

This guide gathers the figures that exist for England and Wales in one place: the reported costs, the official estimates, the measured timescales in the county court and the First-tier Tribunal, the fees each route charges, and the rules that decide whether a surveyor's determination ends the argument. It is written for the owner, the litigant in person and the solicitor deciding whether to instruct a boundary dispute expert witness surveyor and what to do with the report once it arrives. Every number carries its source and its year, and the 2015 figures are labelled as such, because nobody has updated them.

1 What Have Boundary Disputes Cost in Reported Cases? From £910 to Half a Million Pounds

In the cases that reach the Court of Appeal, costs run from £100,000 to half a million pounds, against land worth almost nothing and damages that rarely clear four figures: Clapham v Narga cost over £300,000 for a strip between 2 metres and 5 metres deep (Clapham v Narga [2024] EWCA Civ 1388, 2024), and Gilks v Hodgson approached half a million pounds after a 10 days trial that awarded £3,500(Gilks v Hodgson [2015] EWCA Civ 5, 2015).

CASE AND YEARFIGURESOURCE
Clapham v Narga (2024): combined costs of trial and two appeals£300,000Clapham v Narga [2024] EWCA Civ 1388
Clapham v Narga (2024): depth of the disputed stripbetween 2 metres and 5 metresClapham v Narga [2024] EWCA Civ 1388
Gilks v Hodgson (2015): costs 'so far'half a million poundsGilks v Hodgson [2015] EWCA Civ 5
Gilks v Hodgson (2015): damages awarded after a 10 days trial£3,500Gilks v Hodgson [2015] EWCA Civ 5
Oliver v Symons (2012): appellants' costs in a neighbour access dispute£150,000Oliver v Symons [2012] EWCA Civ 267
Hatton v Connew (2013): claimants' total costs£100,000Hatton v Connew [2013] EWCA Civ 1681
East Dulwich trespass case (reported 2023): lawyers' bills left with the claimants£130,000Civil Mediation Council case note
East Dulwich trespass case (reported 2023): damages£200Civil Mediation Council case note
Bradford v James (2008): payment on account of costs, loser paying 75% of the bill£20,500Bradford v James [2008] EWCA Civ 837
Richardson v MacNab (2008): payment on account of the other side's costs£12,500Richardson v MacNab [2008] EWCA Civ 860
Richardson v MacNab (2008): sum actually awarded for the fence£910.63Richardson v MacNab [2008] EWCA Civ 860
£3,500
Damages awarded in Gilks v Hodgson after a ten-day trial whose costs approached half a million pounds. The Court of Appeal called it "Dickensian litigation" pursued "to an extent grossly disproportionate to what was at stake".
Gilks v Hodgson [2015] EWCA Civ 5, 2015

Reported costs by case (£)

Clapham v Narga, 2024
£300,000
Oliver v Symons, 2012
£150,000
Peck v Ranford (reported), 2023
£130,000
Hatton v Connew, 2013
£100,000

The pattern across sixteen years of judgments is consistent. In Bradford v James (2008) Mummery LJ saw "too many calamitous neighbour disputes in the courts" over "a little strip of farmyard worth much less than the legal costs of fighting over it"; the loser paid 75% of the winner's costs with £20,500 on account (Bradford v James [2008] EWCA Civ 837, 2008). In Oliver v Symons (2012), over a track little more than a hundred metres long, the appellants' costs were in the region of £150,000 and Ward LJ said the case was "crying out for mediation"(Oliver v Symons [2012] EWCA Civ 267, 2012). In Gilks v Hodgson (2015) the trial took 10 days, the Court of Appeal three more, and Sir Stanley Burnton called it litigation pursued "to an extent grossly disproportionate to what was at stake"(Gilks v Hodgson [2015] EWCA Civ 5, 2015).

Two features of these figures matter for anyone deciding whether to fight. First, the sums are costs, not damages: in Richardson v MacNab the claim had been for something over twenty thousand pounds, the court awarded £910.63 for a fence, and the losing side still had to find £12,500 on account of the other party's costs (Richardson v MacNab [2008] EWCA Civ 860, 2008). Second, the money is spent on lawyers and experts, not on the land. The East Dulwich case, an unreported county court judgment known through the Civil Mediation Council's note of an Evening Standard report, ended with £200 in damages and lawyers' bills of around £130,000, the judge describing a "sledgehammer to crack a nut"(Civil Mediation Council case note, 2023). The rules on who pays expert witness fees decided the rest, and in every case above the answer was mostly the loser.

2 What Does a 'Typical' Boundary Dispute Cost? The Only Official Estimate Is a Decade Old

The Ministry of Justice's 2015 scoping study is the sole official attempt to size the problem. Its respondents put typical costs at £10,000 to £50,000 per case, mediation at £1000–£1500 per party and resolution at anywhere from three months to several years(MoJ Boundary Disputes Scoping Study, 2015); it drew on 10 responses, and the government declined to legislate.

METRIC (MOJ SCOPING STUDY, 2015)VALUESOURCE
Typical cost per case, stakeholder estimate£10,000 to £50,000MoJ Boundary Disputes Scoping Study
Cost of mediation per party£1000–£1500MoJ Boundary Disputes Scoping Study
Time to resolve, range giventhree months to several yearsMoJ Boundary Disputes Scoping Study
Referrals to the Land Registration Division per year1200MoJ Boundary Disputes Scoping Study
Cases formally adjudicated by the Division per year500MoJ Boundary Disputes Scoping Study
Boundary disputes before the Division per year, informal estimate160–170MoJ Boundary Disputes Scoping Study
Division cases resolved within its seventy-week target80%MoJ Boundary Disputes Scoping Study
Disputes involving litigation, one respondent80%MoJ Boundary Disputes Scoping Study
Disputes that did not go to court, other respondents50%MoJ Boundary Disputes Scoping Study
Cases in which mediation is used20%MoJ Boundary Disputes Scoping Study
Mediation success rate, one respondent95%MoJ Boundary Disputes Scoping Study
Disputes surveyors and mediators said they see per yearupwards of 1000MoJ Boundary Disputes Scoping Study
Boundary disputes per year at each of two Land Registry offices40–50MoJ Boundary Disputes Scoping Study
Responses received to the questionnaire10MoJ Boundary Disputes Scoping Study
10
Responses the Ministry of Justice received to the questionnaire behind its 2015 scoping study. The range every solicitor's website quotes rests on those stakeholder estimates, not on measured data, and nobody has measured since.
MoJ Boundary Disputes Scoping Study, 2015

The study is worth reading for what it could not find as much as for what it found. Its volume figures came from the Land Registration Division: approximately 1200 referrals a year, around 500 formally adjudicated, with boundary disputes suggested informally to be about a third of the total, or 160–170 a year (MoJ Boundary Disputes Scoping Study, 2015). Surveyors and mediators said they became aware of upwards of 1000 disputes a year, and two Land Registry offices each saw 40–50, so the study treated the tribunal's caseload as the visible tip of a larger pile. On how disputes end, the responses disagreed: one put litigation at 80% of cases, others said up to 50% never reached court, mediation was used in about 20%, and a single respondent claimed it succeeded in 95% of the cases where it was tried (MoJ Boundary Disputes Scoping Study, 2015). That last figure is one person's estimate and is reported here as such.

Two findings bear directly on the surveyor's role. The study recorded that independent expert surveyors and the Land Registry's own procedure were "little used", and it rejected a compulsory expert determination scheme modelled on the Party Wall etc. Act, preferring "piecemeal improvement of the current system without impinging on its flexibility"(MoJ Boundary Disputes Scoping Study, 2015). The state looked at the problem, decided not to make the surveyor's decision binding, and left the question to the parties. How that works in practice, and what a boundary dispute surveyor costs relative to the figures above, is the subject of the last two sections; the boundary dispute resolution checker gives a quick first read of which route fits.

3 How Long Does a Boundary Dispute Take? A Year to a County Court Trial, Two to Three Years Through the Tribunal

A defended claim on the fast, intermediate or multi-track took a median 55.9 weeks from issue to trial in April to June 2026, and a small claim 41.0 weeks(MoJ Civil Justice Statistics Quarterly, 2026). Tribunal references run longer because the clock starts at the Land Registry: Cunningham v Holehouse went from application on 17 November 2023 to decision on 1 May 2026(Cunningham v Holehouse [2026] UKFTT 771 (PC), 2026).

STAGE OR CASEDATE OR DURATIONSOURCE
Median time from issue to trial, small claims, April to June 202641.0 weeksMoJ Civil Justice Statistics Quarterly
Median time from issue to trial, fast, intermediate and multi-track, April to June 202655.9 weeksMoJ Civil Justice Statistics Quarterly
County court claims issued in the quarter571,000MoJ Civil Justice Statistics Quarterly
Claims that reached trial in the quarter12,000MoJ Civil Justice Statistics Quarterly
Land Registration Division: hearing dates offered within this period of a case being ready10 weeksHMCTS Land Registration Division guide T412
Cunningham v Holehouse: determined boundary application lodged17 November 2023Cunningham v Holehouse [2026] UKFTT 771 (PC)
Cunningham v Holehouse: referred to the tribunal18 May 2025Cunningham v Holehouse [2026] UKFTT 771 (PC)
Cunningham v Holehouse: decision (application dismissed, applicants to pay costs)1 May 2026Cunningham v Holehouse [2026] UKFTT 771 (PC)
Denno v White: determined boundary application filed23 April 2024Denno v White [2026] UKFTT 453 (PC)
Denno v White: referred to the tribunal23 March 2025Denno v White [2026] UKFTT 453 (PC)
Denno v White: decision (neither side's line accepted)19 March 2026Denno v White [2026] UKFTT 453 (PC)
Sharma v James: adverse possession application filed15 March 2023Sharma v James [2026] UKFTT 1354 (PC)
Sharma v James: decision9 September 2026Sharma v James [2026] UKFTT 1354 (PC)
Todd v Marsh: trial, on a dispute that began in August 201919-22 May 2025Todd v Marsh [2026] EWHC 1701 (Ch)
Crea v Camp: joint surveyor's report, litigated until October 20256 February 2017Crea v Camp [2025] EWHC 2638 (KB)
55.9 weeks
Mean weeks from issue to trial for fast, intermediate and multi-track claims in the county courts of England and Wales, April to June 2026. Boundary claims are not separated out; the figure covers every defended claim type.
MoJ Civil Justice Statistics Quarterly, 2026

The court statistics are the only measured timescales, and they cover all claim types: 571,000 claims were issued in the quarter and 12,000 reached trial, so a defended boundary claim joins a queue in which trial is the exception (MoJ Civil Justice Statistics Quarterly, 2026). Cunningham v Holehouse was lodged with HM Land Registry on 17 November 2023, referred on 18 May 2025 and decided on 1 May 2026: roughly two and a half years, eighteen months of it before the tribunal had the file (Cunningham v Holehouse [2026] UKFTT 771 (PC), 2026). Denno v White ran from 23 April 2024 to 19 March 2026, with the referral at 23 March 2025(Denno v White [2026] UKFTT 453 (PC), 2026), and Sharma v James, an adverse possession claim over a strip about half a metre wide, from 15 March 2023 to 9 September 2026(Sharma v James [2026] UKFTT 1354 (PC), 2026). Once a case is ready the Division aims to offer hearing dates within 10 weeks(HMCTS Land Registration Division guide T412, 2023).

The longest timelines belong to disputes that went to court and then on appeal. Todd v Marsh began with a damaged deer fence in August 2019, was tried over 19-22 May 2025 and lost its appeal in July 2026; the court remarked that almost no purchaser of such a house would employ a boundary surveyor before buying, which is how most of these cases start (Todd v Marsh [2026] EWHC 1701 (Ch), 2026). Crea v Camp turned on a surveyor's report dated 6 February 2017 and was still being argued in the High Court in October 2025 (Crea v Camp [2025] EWHC 2638 (KB), 2025). The 2015 study's range of three months to several years remains accurate as a range; the dates above show which end of it each route occupies. The clock also depends on whether the court permits expert evidence at all, which is governed by the rules on CPR Part 35 expert reports and on whether the parties share a single joint expert.

4 What Does Each Route Cost in Fees? £90 at the Land Registry, £387 to Issue in Court, Nothing at the Tribunal

The fixed fees are small next to the bills above: £90 for a determined boundary application (GOV.UK determined boundary guidance, 2026), £387 to issue a non-money county court claim and £1,334 for a multi-track hearing (HMCTS court fees EX50, 2026), and nothing at all at the Land Registration Division, which also offers free mediation (Courts and Tribunals Judiciary, 2023). The real expense is professional time.

FEE OR RATEVALUESOURCE
HM Land Registry: determined boundary application (form DB)£90GOV.UK determined boundary guidance
County court: issue fee, non-money claim£387HMCTS court fees EX50
High Court: issue fee, non-money claim£663HMCTS court fees EX50
County court: hearing fee, intermediate or multi-track£1,334HMCTS court fees EX50
County court: hearing fee, fast track£619HMCTS court fees EX50
County court: application on notice£321HMCTS court fees EX50
County court: fee to appeal (other than small claims)£175HMCTS court fees EX50
Land Registration Division: referrals each year, no fee, free mediationover 1100Courts and Tribunals Judiciary
Small claims track: maximum expert's fee recoverable, per expert£750CPR Practice Direction 27A
Average expert hourly rate, civil court work (all disciplines, 2025)£253.73Bond Solon Expert Witness Survey 2025
Average expert hourly rate, report writing (2025)£238.81Bond Solon Expert Witness Survey 2025
Crea v Camp: joint surveyor's estimate for a boundary determination (2016 letter)£700-£1,000Crea v Camp [2025] EWHC 2638 (KB)
Cunningham v Holehouse: rate allowed for a litigant in person's own time£19 per hourCunningham v Holehouse [2026] UKFTT 771 (PC)
Mediation: aggregate settlement rate, all civil and commercial cases (year to September 2022)92%CEDR Tenth Mediation Audit
Mediation: civil and commercial mediations per year (year to September 2022)17,000CEDR Tenth Mediation Audit
Surveyor's fees, surveying firm's own estimate (Anstey Horne)£750 – £5,000+Anstey Horne (firm's own estimates)
Mediation or ADR, surveying firm's own estimate (Anstey Horne)£1,500 – £5,000Anstey Horne (firm's own estimates)
Full county court trial with expert evidence, surveying firm's own estimate (Anstey Horne)£25,000 – £50,000+Anstey Horne (firm's own estimates)
£750
The most a party can recover for each expert on the small claims track. A boundary report that costs more than this is, on that track, mostly the instructing party's own expense whatever the result.
CPR Practice Direction 27A, 2026

Court fees by step (£)

Multi-track hearing fee
£1,334
High Court issue fee
£663
Fast track hearing fee
£619
County court issue fee
£387
Application on notice
£321

Put the fees beside the judgments and the shape of the problem is obvious. The entire fixed cost of taking a non-money claim through the county court to a multi-track trial, issue fee plus hearing fee, is £387 and £1,334(HMCTS court fees EX50, 2026); Clapham v Narga cost roughly a hundred and seventy times that. The tribunal route is cheaper still: the Land Registration Division, which received over 1100 referrals a year on the judiciary's own figures, charges nothing, offers judicial mediation and sits 34 fee-paid judges alongside its salaried bench (Courts and Tribunals Judiciary, 2023). What the parties pay for is professional time. Bond Solon's 2025 survey of 525 experts put the average hourly rate for civil court work at £253.73 and for report writing at £238.81, across all disciplines (Bond Solon Expert Witness Survey 2025, 2025); the wider picture of expert witness costs in the UK follows from those rates multiplied by the days a case consumes.

The cheapest figure in the table is also the most instructive. In Crea v Camp the proposal was that one surveyor be jointly instructed for £700-£1,000, over two or three days, and that both neighbours accept the result (Crea v Camp [2025] EWHC 2638 (KB), 2025); had both sides kept to that, the dispute would have cost less than a single hearing fee. The surveying firm Anstey Horne publishes its own unsourced ranges, £750 – £5,000+ for the surveyor, £1,500 – £5,000 for mediation and £25,000 – £50,000+ for a full county court trial with expert evidence (Anstey Horne (firm's own estimates), 2025); they are a practitioner's impression rather than data. Costs-shifting runs both ways: in Cunningham v Holehouse the losing applicants paid the respondents' costs, with their own time valued at £19 per hour(Cunningham v Holehouse [2026] UKFTT 771 (PC), 2026). Instructing the expert properly, as set out in the guide on how to instruct an expert witness surveyor, is the one cost decision that shapes all the others.

5 Will the Surveyor's Report Decide the Case? Only If Both Sides Agreed to Be Bound

A surveyor's report is evidence, not a decision. HM Land Registry "cannot decide, mediate or resolve boundary disputes", less than 1% of registers carry a determined boundary, and under section 60(2) of the Land Registration Act a general boundary does not fix the exact line (HM Land Registry boundaries guidance, 2026). The report binds when both sides agree it will, as Crea v Camp held in 2025 (Crea v Camp [2025] EWHC 2638 (KB), 2025).

RULE OR FIGUREVALUESOURCE
Registered titles with a determined boundaryless than 1%HM Land Registry boundaries guidance
Land and property titles on the register27 millionHM Land Registry Annual Report 2024-25
Share of the land area of England and Wales registered89%HM Land Registry Annual Report 2024-25
Total determined boundaries, RICS estimate (2021)a few thousandRICS Boundaries guidance, 4th edition
Precision a determined boundary plan must record+/-10mmHM Land Registry Practice Guide 40s4
Smallest permitted scale for a determined boundary plan1:200HM Land Registry Practice Guide 40s4
Land Registration Act: a general boundary 'does not determine the exact line'section 60(2)Land Registration Act 2002, section 60
Adverse possession period to apply for registered landten yearsLand Registration Act 2002, Schedule 6
Limitation period to recover unregistered landtwelve yearsLimitation Act 1980, section 15
Protocol: exchange Land Registry copies within2 weeksPLA Boundary Disputes Protocol
Protocol: discuss negotiation or mediation by week8 weeksPLA Boundary Disputes Protocol
Protocol: appoint experts (adverse possession cases) by week16 weeksPLA Boundary Disputes Protocol
Churchill v Merthyr Tydfil: courts may order non-court dispute resolution29 November 2023Churchill v Merthyr Tydfil [2023] EWCA Civ 1416
Crea v Camp: joint surveyor's fee estimate, held binding by agreement£700-£1,000Crea v Camp [2025] EWHC 2638 (KB)
less than 1%
Share of registered titles whose boundary has been determined, on HM Land Registry's guidance of September 2026. For the other ninety-nine in every hundred, the title plan shows a general boundary only.
HM Land Registry boundaries guidance, 2026

The reason the title plan rarely ends a dispute is statutory. Under section 60(2) a general boundary does not determine the exact line, and HM Land Registry's September 2026 guidance says only less than 1% of registers have a determined boundary out of more than 27 million titles covering 89% of the land area (HM Land Registry Annual Report 2024-25, 2025); RICS put the total at a few thousand in 2021 (RICS Boundaries guidance, 4th edition, 2021). Determining one needs a plan at a scale no smaller than 1:200 with measurements accurate to +/-10mm, and even then the registry "does not determine a boundary in the sense of resolving a disagreement as to where the exact line of the boundary is located"; a non-groundless objection goes to the tribunal, which weighs the report as set out in the guide to what to expect from a property expert witness report(HM Land Registry Practice Guide 40s4, 2026). Time also moves boundaries: a neighbour in adverse possession of registered land for ten years may apply to be registered if they reasonably believed the land was theirs for at least that long and no boundary had been determined (Land Registration Act 2002, Schedule 6, 2002); for unregistered land the limitation period is twelve years(Limitation Act 1980, section 15, 1980).

The binding question has a clear answer in the cases. In Crea v Camp the defendants proposed that both sides jointly instruct one firm for £700-£1,000 and accept its conclusion; the claimants later sued anyway, and the High Court held that "the parties entered into an agreement that they would jointly instruct Lewis Brown on terms that they would be bound by the firm's conclusion as to the boundary", so the report of 6 February 2017 decided the case eight years on (Crea v Camp [2025] EWHC 2638 (KB), 2025). Without such an agreement a report binds nobody, which is why the Property Litigation Association's Boundary Disputes Protocol says that in most garden disputes "it will not be proportionate for the parties to have an expert each", with negotiation or mediation discussed by week 8 weeks and experts in adverse possession cases appointed by week 16 weeks(PLA Boundary Disputes Protocol, 2017). Since Churchill v Merthyr Tydfil on 29 November 2023 a court can order the parties into non-court dispute resolution, provided the order is proportionate (Churchill v Merthyr Tydfil [2023] EWCA Civ 1416, 2023), so expert evidence in mediated property disputes now matters as much as evidence at trial.

Key statistics: Boundary Dispute Costs and Outcomes: What Neighbours Actually Spend, How Long It Takes and Whether the Surveyor's Report Decides It (2026)
Key statistics at a glance | Source: see numbered sources below

Explore every figure in this article

MetricValueYearSource
Clapham v Narga (2024): combined costs of trial and two appeals£300,0002024Clapham v Narga [2024] EWCA Civ 1388
Clapham v Narga (2024): depth of the disputed stripbetween 2 metres and 5 metres2024Clapham v Narga [2024] EWCA Civ 1388
Gilks v Hodgson (2015): costs 'so far'half a million pounds2015Gilks v Hodgson [2015] EWCA Civ 5
Gilks v Hodgson (2015): damages awarded£3,5002015Gilks v Hodgson [2015] EWCA Civ 5
Gilks v Hodgson (2015): length of trial10 days2015Gilks v Hodgson [2015] EWCA Civ 5
Hatton v Connew (2013): claimants' total costs£100,0002013Hatton v Connew [2013] EWCA Civ 1681
Oliver v Symons (2012): appellants' costs in a neighbour access dispute£150,0002012Oliver v Symons [2012] EWCA Civ 267
Richardson v MacNab (2008): sum awarded for the fence£910.632008Richardson v MacNab [2008] EWCA Civ 860
Richardson v MacNab (2008): payment on account of the other side's costs£12,5002008Richardson v MacNab [2008] EWCA Civ 860
Bradford v James (2008): payment on account of costs£20,5002008Bradford v James [2008] EWCA Civ 837
Bradford v James (2008): share of the winner's costs the loser had to pay75%2008Bradford v James [2008] EWCA Civ 837
East Dulwich trespass case (reported 2023): lawyers' bills the claimants were left to shoulder£130,0002023Civil Mediation Council case note
East Dulwich trespass case (reported 2023): damages awarded£2002023Civil Mediation Council case note
Typical cost of a boundary dispute per case, stakeholder estimate£10,000 to £50,0002015MoJ Boundary Disputes Scoping Study
Referrals to the Land Registration Division per year12002015MoJ Boundary Disputes Scoping Study
Cases formally adjudicated by the Division per year5002015MoJ Boundary Disputes Scoping Study
Boundary disputes before the Division per year, informal estimate160–1702015MoJ Boundary Disputes Scoping Study
Share of the Division's cases resolved within its 70-week target80%2015MoJ Boundary Disputes Scoping Study
Time to resolve a boundary dispute, range given by respondentsthree months to several years2015MoJ Boundary Disputes Scoping Study
Share of disputes involving litigation, one respondent's estimate80%2015MoJ Boundary Disputes Scoping Study
Share of disputes that did not go to court, other respondents' estimate50%2015MoJ Boundary Disputes Scoping Study
Share of cases in which mediation is used20%2015MoJ Boundary Disputes Scoping Study
Mediation success rate, one respondent's estimate95%2015MoJ Boundary Disputes Scoping Study
Cost of mediation per party, respondents' figures£1000–£15002015MoJ Boundary Disputes Scoping Study
Responses the Ministry of Justice received to its questionnaire102015MoJ Boundary Disputes Scoping Study
Boundary disputes surveyors and mediators said they become aware of per yearupwards of 10002015MoJ Boundary Disputes Scoping Study
Boundary disputes per year at each of two Land Registry local offices40–502015MoJ Boundary Disputes Scoping Study
Median time from issue to trial, small claims, April to June 202641.0 weeks2026MoJ Civil Justice Statistics Quarterly
Median time from issue to trial, fast, intermediate and multi-track, April to June 202655.9 weeks2026MoJ Civil Justice Statistics Quarterly
Improvement in multi-track time to trial on a year earlier6.1 weeks2026MoJ Civil Justice Statistics Quarterly
County court claims issued, April to June 2026571,0002026MoJ Civil Justice Statistics Quarterly
Claims that went to trial, April to June 202612,0002026MoJ Civil Justice Statistics Quarterly
Cunningham v Holehouse: determined boundary application lodged with HM Land Registry17 November 20232026Cunningham v Holehouse [2026] UKFTT 771 (PC)
Cunningham v Holehouse: referred to the tribunal18 May 20252026Cunningham v Holehouse [2026] UKFTT 771 (PC)
Cunningham v Holehouse: tribunal decision (application dismissed, applicants to pay costs)1 May 20262026Cunningham v Holehouse [2026] UKFTT 771 (PC)
Denno v White: determined boundary application filed23 April 20242026Denno v White [2026] UKFTT 453 (PC)
Denno v White: referred to the tribunal23 March 20252026Denno v White [2026] UKFTT 453 (PC)
Denno v White: tribunal decision19 March 20262026Denno v White [2026] UKFTT 453 (PC)
Sharma v James: adverse possession application (form ADV1) filed15 March 20232026Sharma v James [2026] UKFTT 1354 (PC)
Sharma v James: tribunal decision9 September 20262026Sharma v James [2026] UKFTT 1354 (PC)
Todd v Marsh: trial in the County Court at Guildford19-22 May 20252026Todd v Marsh [2026] EWHC 1701 (Ch)
Crea v Camp: jointly instructed surveyor's report6 February 20172025Crea v Camp [2025] EWHC 2638 (KB)
Land Registration Division service standard: hearing dates offered within this period of the case being ready10 weeks2023HMCTS Land Registration Division guide T412
HM Land Registry fee for a determined boundary application£902026GOV.UK determined boundary guidance
County court fee to start a non-money claim£3872026HMCTS court fees EX50
High Court fee to start a non-money claim£6632026HMCTS court fees EX50
Hearing fee, intermediate track or multi-track£1,3342026HMCTS court fees EX50
Hearing fee, fast track£6192026HMCTS court fees EX50
Fee for an application on notice£3212026HMCTS court fees EX50
Fee to appeal in the county court (claims other than small claims)£1752026HMCTS court fees EX50
Referrals to the Land Registration Division each yearover 11002023Courts and Tribunals Judiciary
Fee-paid judges sitting in the Land Registration Division342023Courts and Tribunals Judiciary
Maximum expert's fee recoverable on the small claims track, per expert£7502026CPR Practice Direction 27A
Average expert hourly rate for civil court work£253.732025Bond Solon Expert Witness Survey 2025
Average expert hourly rate for report writing£238.812025Bond Solon Expert Witness Survey 2025
Experts responding to the Bond Solon survey5252025Bond Solon Expert Witness Survey 2025
Crea v Camp: jointly instructed surveyor's fee estimate for a boundary determination£700-£1,0002025Crea v Camp [2025] EWHC 2638 (KB)
Cunningham v Holehouse: hourly rate allowed for a litigant in person's own time in the costs order£19 per hour2026Cunningham v Holehouse [2026] UKFTT 771 (PC)
Aggregate settlement rate of civil and commercial mediations92%2022CEDR Tenth Mediation Audit
Civil and commercial mediations per year in the UK market17,0002022CEDR Tenth Mediation Audit
Surveyor's fees in a boundary dispute, surveying firm's estimate£750 – £5,000+2025Anstey Horne (firm's own estimates)
Full county court trial with expert evidence, surveying firm's estimate£25,000 – £50,000+2025Anstey Horne (firm's own estimates)
Mediation or ADR, surveying firm's estimate£1,500 – £5,0002025Anstey Horne (firm's own estimates)
Share of registered titles with a determined boundaryless than 1%2026HM Land Registry boundaries guidance
Land and property titles on the register27 million2025HM Land Registry Annual Report 2024-25
Share of the land area of England and Wales that is registered89%2025HM Land Registry Annual Report 2024-25
Total number of determined boundaries, RICS estimatea few thousand2021RICS Boundaries guidance, 4th edition
Precision a determined boundary plan must record+/-10mm2026HM Land Registry Practice Guide 40s4
Smallest permitted scale for a determined boundary plan1:2002026HM Land Registry Practice Guide 40s4
Period of adverse possession needed to apply to be registered as proprietor of registered landten years2002Land Registration Act 2002, Schedule 6
Limitation period for an action to recover unregistered landtwelve years1980Limitation Act 1980, section 15
Protocol step: weeks from the start at which the parties should discuss negotiation or mediation8 weeks2017PLA Boundary Disputes Protocol
Protocol step: weeks at which experts should be appointed in an adverse possession case16 weeks2017PLA Boundary Disputes Protocol
Protocol step: weeks within which to exchange Land Registry copies2 weeks2017PLA Boundary Disputes Protocol
Churchill v Merthyr Tydfil: date the Court of Appeal held courts may order parties into non-court dispute resolution29 November 20232023Churchill v Merthyr Tydfil [2023] EWCA Civ 1416
Land Registration Act 2002 section 60: subsection stating a general boundary 'does not determine the exact line of the boundary'section 60(2)2002Land Registration Act 2002, section 60
Comparison chart: Boundary Dispute Costs and Outcomes: What Neighbours Actually Spend, How Long It Takes and Whether the Surveyor's Report Decides It (2026)
Comparison | Source: see numbered sources below

Methodology

This page was researched on the first of October 2026 from primary sources: judgments and tribunal decisions on The National Archives' Find Case Law service, the Ministry of Justice's 2015 boundary disputes scoping study and its Civil Justice Statistics Quarterly for April to June 2026, HM Land Registry's practice guide, fees page, annual report and its boundary disputes guidance of September 2026, HM Courts and Tribunals Service's civil fee table and Land Registration Division user guide, the Civil Procedure Rules, the Land Registration Act 2002 and Limitation Act 1980 on legislation.gov.uk, the Courts and Tribunals Judiciary, the Property Litigation Association's Boundary Disputes Protocol, RICS's boundaries guidance, CEDR's mediation audit and the Bond Solon expert witness survey. Four figures rest on secondary or estimated sources and are named as such in the text: the East Dulwich costs and damages, which come from the Civil Mediation Council's note of an Evening Standard report of an unreported county court judgment; the surveying firm Anstey Horne's own fee ranges; and the single-respondent mediation success rate in the 2015 study. Pre-2025 figures are dated in the text and in the tables. The recency sweep that preceded the research ran at full strength across Reddit, YouTube, TikTok and the open web with no degraded leg, and surfaced the 2026 tribunal decisions used in the duration section. Every source URL was fetched and checked by the automated verification script on the second of October 2026: all hosts were reachable and each figure was located in the page text, except that figures held inside PDF documents, which the script cannot read, were confirmed by extracting the PDF text and locating the exact value; a small number of hosts that block automated requests were confirmed by opening the page directly. That check is recorded against every fact in the fact sheet. The hero image was rendered by an image model from a text-free composition brief; the statistics card and the comparison chart were drawn locally from the fact sheet so that every number on them is the fact sheet's own. No court, tribunal or registry publishes boundary-dispute costs or outcomes as a data series, so the reported judgments over-represent the expensive cases that reached the Court of Appeal, the tribunal timelines are individual decisions rather than averages, and the county court time-to-trial figures cover all claim types rather than boundary claims alone.

  • Sources consulted: 41
  • Sources cited: 31
  • Data freshness: 2026: 32, 2025: 12, 2024 and older: 47
  • Data range: 1980-11-13 to 2026-09-24
  • Research date: 2026-10-01
  • Update schedule: Quarterly, next with the Civil Justice Statistics for July to September 2026
  • Limitations: No court, tribunal or registry publishes boundary-dispute costs or outcomes as a data series. The 'typical' cost range is a 2015 set of stakeholder estimates from ten responses; the reported judgments are the expensive tail and over-represent cases that reached the Court of Appeal; the tribunal timelines are individual 2026 decisions, not averages; the county court time-to-trial figures cover all claim types, not boundary claims alone; and three surveying-firm fee ranges are the firm's own unsourced estimates, named as such.

Sources & References

  1. Clapham v Narga [2024] EWCA Civ 1388. "Clapham v Narga [2024] EWCA Civ 1388." caselaw.nationalarchives.gov.uk/ewca/civ/2024/1388. Accessed 2026-10-01.
  2. Gilks v Hodgson [2015] EWCA Civ 5. "Gilks v Hodgson [2015] EWCA Civ 5." caselaw.nationalarchives.gov.uk/ewca/civ/2015/5. Accessed 2026-10-01.
  3. MoJ Boundary Disputes Scoping Study. "Ministry of Justice, Boundary Disputes: A Scoping Study (January 2015)." assets.publishing.service.gov.uk/media/5a7eb0c2e5274a2e87db1498/boundary-dispute. Accessed 2026-10-01.
  4. MoJ Civil Justice Statistics Quarterly. "MoJ Civil Justice Statistics Quarterly, April to June 2026." gov.uk/government/statistics/civil-justice-statistics-quarterly-april-to-june-20. Accessed 2026-10-01.
  5. HM Land Registry boundaries guidance. "HM Land Registry, boundaries and boundary disputes guidance (September 2026)." gov.uk/guidance/hm-land-registry-boundaries-and-boundary-disputes. Accessed 2026-10-01.
  6. Crea v Camp [2025] EWHC 2638 (KB). "Crea v Camp [2025] EWHC 2638 (KB)." caselaw.nationalarchives.gov.uk/ewhc/kb/2025/2638. Accessed 2026-10-01.
  7. Courts and Tribunals Judiciary. "Courts and Tribunals Judiciary, the work of the Land Registration Division." judiciary.uk/courts-and-tribunals/tribunals/first-tier-tribunal/property-chamber. Accessed 2026-10-01.
  8. GOV.UK determined boundary guidance. "GOV.UK, apply to have the exact boundary determined." gov.uk/your-property-boundaries/apply-exact-boundary-determined. Accessed 2026-10-01.
  9. Hatton v Connew [2013] EWCA Civ 1681. "Hatton v Connew [2013] EWCA Civ 1681." caselaw.nationalarchives.gov.uk/ewca/civ/2013/1681. Accessed 2026-10-01.
  10. Oliver v Symons [2012] EWCA Civ 267. "Oliver v Symons [2012] EWCA Civ 267." caselaw.nationalarchives.gov.uk/ewca/civ/2012/267. Accessed 2026-10-01.
  11. Richardson v MacNab [2008] EWCA Civ 860. "Richardson v MacNab [2008] EWCA Civ 860." caselaw.nationalarchives.gov.uk/ewca/civ/2008/860. Accessed 2026-10-01.
  12. Bradford v James [2008] EWCA Civ 837. "Bradford v James [2008] EWCA Civ 837." caselaw.nationalarchives.gov.uk/ewca/civ/2008/837. Accessed 2026-10-01.
  13. Civil Mediation Council case note. "Civil Mediation Council case note, citing the Evening Standard." civilmediation.org/130k-legal-costs-over-boundary-issue/. Accessed 2026-10-01.
  14. Cunningham v Holehouse [2026] UKFTT 771 (PC). "Cunningham v Holehouse [2026] UKFTT 771 (PC)." caselaw.nationalarchives.gov.uk/ukftt/pc/2026/771. Accessed 2026-10-01.
  15. Denno v White [2026] UKFTT 453 (PC). "Denno v White [2026] UKFTT 453 (PC)." caselaw.nationalarchives.gov.uk/ukftt/pc/2026/453. Accessed 2026-10-01.
  16. Sharma v James [2026] UKFTT 1354 (PC). "Sharma v James [2026] UKFTT 1354 (PC)." caselaw.nationalarchives.gov.uk/ukftt/pc/2026/1354. Accessed 2026-10-01.
  17. Todd v Marsh [2026] EWHC 1701 (Ch). "Todd v Marsh [2026] EWHC 1701 (Ch)." caselaw.nationalarchives.gov.uk/ewhc/ch/2026/1701. Accessed 2026-10-01.
  18. HMCTS Land Registration Division guide T412. "HMCTS, Property Chamber Land Registration Division: a short guide for users (T412, February 2023)." assets.publishing.service.gov.uk/media/6470cbc5c38c55000c342c5c/T412_February_20. Accessed 2026-10-01.
  19. HMCTS court fees EX50. "HMCTS civil court fees, EX50 (July 2026)." gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex5. Accessed 2026-10-01.
  20. CPR Practice Direction 27A. "CPR Practice Direction 27A." justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27. Accessed 2026-10-01.
  21. Bond Solon Expert Witness Survey 2025. "Bond Solon Expert Witness Survey 2025." bondsolon.com/media/knsjspbj/expert-witness-survey-2025.pdf. Accessed 2026-10-01.
  22. CEDR Tenth Mediation Audit. "CEDR Tenth Mediation Audit (February 2023)." learn.cedr.com/hubfs/CEDR/Mediation%20Audit/Tenth-CEDR-Mediation-Audit-2023.pdf. Accessed 2026-10-01.
  23. Anstey Horne (firm's own estimates). "Anstey Horne, boundary disputes cost (surveying firm's own estimates)." ansteyhorne.co.uk/news/boundary-disputes-cost. Accessed 2026-10-01.
  24. HM Land Registry Annual Report 2024-25. "HM Land Registry Annual Report and Accounts 2024-25, performance report." gov.uk/government/publications/hm-land-registry-annual-report-and-accounts-2024-. Accessed 2026-10-01.
  25. RICS Boundaries guidance, 4th edition. "RICS, Boundaries: procedures for boundary identification, demarcation and dispute resolution (4th edition)." rics.org/content/dam/ricsglobal/documents/standards/Boundaries%20procedures%20fo. Accessed 2026-10-01.
  26. HM Land Registry Practice Guide 40s4. "HM Land Registry Practice Guide 40, supplement 4." gov.uk/government/publications/boundary-agreements-and-determined-boundaries-pg4. Accessed 2026-10-01.
  27. Land Registration Act 2002, Schedule 6. "Land Registration Act 2002, Schedule 6." legislation.gov.uk/ukpga/2002/9/schedule/6. Accessed 2026-10-01.
  28. Limitation Act 1980, section 15. "Limitation Act 1980, section 15." legislation.gov.uk/ukpga/1980/58/section/15. Accessed 2026-10-01.
  29. PLA Boundary Disputes Protocol. "Property Litigation Association, Boundary Disputes Protocol (2017)." propertyprotocols.co.uk/the-boundary-disputes-protocol. Accessed 2026-10-01.
  30. Churchill v Merthyr Tydfil [2023] EWCA Civ 1416. "Churchill v Merthyr Tydfil [2023] EWCA Civ 1416." caselaw.nationalarchives.gov.uk/ewca/civ/2023/1416. Accessed 2026-10-01.
  31. Land Registration Act 2002, section 60. "Land Registration Act 2002, section 60." legislation.gov.uk/ukpga/2002/9/section/60. Accessed 2026-10-01.

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Frequently asked questions

How much does a boundary dispute cost in England and Wales?

The only official estimate is the Ministry of Justice's 2015 scoping study, whose respondents put typical costs at £10,000 to £50,000 per case with the potential for much higher, and agreed that costs typically far exceed the value of the land. Reported Court of Appeal cases run far higher: over £300,000 in Clapham v Narga (2024) and approaching half a million pounds in Gilks v Hodgson (2015). (MoJ Boundary Disputes Scoping Study)

Is a boundary surveyor's report binding on my neighbour?

Not by itself. A report is expert evidence; HM Land Registry does not decide disputes and a court or tribunal weighs the evidence. It becomes binding when both sides agree to be bound: in Crea v Camp (2025) the High Court held two neighbours to a jointly instructed surveyor's determination, estimated at £700-£1,000, because they had agreed in advance to accept it. (Crea v Camp [2025] EWHC 2638 (KB))

How long does a boundary dispute take?

County court claims on the fast, intermediate and multi-track took a median 55.9 weeks from issue to trial in April to June 2026, and small claims 41.0 weeks. Tribunal references take longer from the Land Registry application: in Cunningham v Holehouse the application was lodged on 17 November 2023, referred on 18 May 2025 and decided on 1 May 2026. The 2015 MoJ study's respondents gave a range of three months to several years. (MoJ Civil Justice Statistics Quarterly)

What does it cost to apply for a determined boundary?

HM Land Registry's fee is £90 on form DB, plus the surveyor's plan, which must be at a scale no smaller than 1:200 and accurate to +/-10mm. If the neighbour objects and the objection is not groundless, the case goes to the First-tier Tribunal's Land Registration Division, which charges no fee and offers free mediation, though it has full costs-shifting powers. (GOV.UK determined boundary guidance)

Why doesn't my Land Registry title plan settle where the boundary is?

Because under section 60 of the Land Registration Act 2002 a registered boundary is a general boundary that does not determine the exact line. HM Land Registry's September 2026 guidance says less than 1% of registers have a determined boundary, out of more than 27 million titles, and that it cannot decide, mediate or resolve boundary disputes between neighbours. (HM Land Registry boundaries guidance)

Can the court make me mediate a boundary dispute?

Since Churchill v Merthyr Tydfil (29 November 2023) the Court of Appeal has confirmed that a court can stay proceedings for, or order, non-court dispute resolution, provided the order is proportionate and does not impair the right to a hearing. The 2015 MoJ study put mediation costs at around £1000–£1500 per party, and CEDR's audit of the mediation market reports an aggregate settlement rate of 92% across all civil and commercial cases. (Churchill v Merthyr Tydfil [2023] EWCA Civ 1416)