One independent expert, an agreed binding decision

Agree the appointment first

The appointment should define the disputed issues, documents, submissions, inspection arrangements, timetable, fees and effect of the decision. Each party should obtain appropriate legal advice before accepting binding terms. Simply sharing the cost of a report does not automatically create a binding determination.

Evidence and assessment

Both parties provide the relevant title documents, plans, dated photographs, correspondence and their account of the disagreement. The expert assesses the evidence impartially. Any site visit, measurements or drawing are governed by the agreed scope and access arrangements.

The written determination

The expert explains the evidence and conclusions on the issues referred. A binding determination can offer a quicker and less costly route than contested litigation, but timing depends on the evidence, access and procedure. Wider disputes or issues outside the appointment may remain.

What happens afterwards?

The decision does not automatically change the title register. A boundary agreement, transfer or determined-boundary application may need separate documentation, legal advice and registration steps. Questions about enforcement or the limited circumstances in which a determination can be challenged also need legal advice.

Which expert role is this?

This is private contractual expert determination. A Single Joint Expert in court proceedings provides evidence under CPR Part 35; the court decides the case. Coburns Boundary can explain the scope of the service being proposed so that the two roles are not confused.

Further reading: HM Land Registry guidance on boundary agreements and expert determination; CPR Part 35 on court expert evidence.