Boundary disputes can be a stressful and time-consuming process for homeowners. Not only do they bring uncertainty about property ownership, but they can also come with significant financial implications.
If you’ve found yourself in the midst of a boundary dispute, here’s all you need to know about the associated costs.
The financial impact of a boundary dispute can vary significantly, depending on whether the dispute is resolved outside or inside the courtroom.
If you can resolve the dispute through mediation or mutual negotiation, costs tend to be lower. You’re likely looking at:
Heading to court can significantly increase the costs associated with the case, which span to include:
Altogether, the average cost of a boundary dispute can range from £5,000 to £15,000 if resolved through mediation and negotiation. However, if the dispute proceeds to court, the total cost can easily exceed £20,000 or more. This doesn’t include intangible costs such as stress or potential property devaluation.
If your dispute proceeds to court, it may be worth considering how a property law barrister could support your case. Apart from relieving some of the administrative burden by helping draft essential documents, a barrister can appear on your behalf in court — and through direct access, can do so for a lower cost than instructing via a solicitor.
Understandably, one of the most common questions people ask when facing a boundary dispute is, "Who is responsible for paying the costs?"
Unfortunately, the answer isn’t entirely straightforward — and often depends on the nature of the case and the outcome of the dispute.
Typically, if both parties can resolve the issue amicably through negotiation or mediation, they will split costs such as surveyor’s fees or mediator’s charges.
Should the dispute escalate to court proceedings, the cost rule known as “costs follow the event” generally applies. This means that the losing party will usually pay not only their own legal fees, but also the legal costs of the winning party.
However, even in cases where you "win," recovering 100% of your legal costs is not guaranteed, and some costs might not be recoverable. For example, legal fees exceeding the court-approved rates or agreed-upon terms may not be reimbursed in full. Fees related to preparation work that the court deems redundant or excessive are unlikely to be recoverable, as well as administrative fees such as travel, printing, or courier fees.
If the court determines that both parties are equally responsible for the dispute, it may order each party to bear their own legal costs, regardless of the outcome. This can be frustrating, and highlights why out-of-court settlements are generally a preferred option.
So, while costs will vary depending on the route you take — be it out-of-court negotiation or formal legal proceedings — the key to minimising expenses tends to be resolving the issue as early as possible.
If you’re currently engaged in a boundary dispute, Barrister Connect’s experienced team of property law barristers can offer guidance and representation throughout the process. Simply get in touch to discuss your case directly.