The short answer
Only as a genuine last resort. Boundary litigation is notoriously expensive relative to the value of the land in dispute, and it is uncertain: even a case that looks strong on paper carries real risk, because the outcome turns on how a judge weighs competing evidence. It can also damage the relationship with your neighbour permanently, and must be disclosed when you come to sell. Understanding the evidence early — and exhausting negotiation, an objective expert opinion and mediation first — is what lets you decide, with clear eyes, whether court is truly worth it.
Why it matters
Several things weigh against rushing to court:
- Cost — boundary cases routinely cost far more than the strip of land is worth, across legal, expert and court fees; you may not recover all your costs even if you win, and may have to pay the other side’s if you lose.
- Uncertainty — the result depends on the interpretation of competing evidence, and apparently strong cases do lose.
- Wider consequences — lasting damage to the relationship, stress, the duty to disclose the dispute to buyers, and the effect on the property’s marketability.
- Alternatives the courts expect you to try — mediation, expert determination, a boundary agreement; an unreasonable refusal to mediate can itself bring costs penalties.
The decision should follow an objective assessment of the evidence, not the heat of the dispute. Because boundary disputes are evidence disputes, knowing where the evidence is genuinely strong or weak is exactly what tells you whether court is a sensible risk or an expensive mistake.
What to do now
- Get an objective assessment of the evidence before considering court.
- Try negotiation, expert determination and mediation first.
- Weigh the likely cost against the value of what is in dispute.
- Take legal advice on both your prospects and your costs risk before issuing.
Common mistakes
- Litigating “on principle” regardless of cost.
- Assuming a strong case is a certain win.
- Refusing mediation and risking a costs penalty.
- Underestimating the cost and the disclosure consequences.
When to call Coburns
We assess the evidence objectively so you can make an informed decision about court — and, in most cases, resolve the matter well before it gets there.