Party Wall etc. Act 1996 specialists · London & the Midlands Free advice · info@coburnspartywall.co.uk · 0207 11 88 3 55
Private joint expert

When one boundary expert can be the practical choice

A joint expert can focus the parties on the same evidence and agreed questions. Where the written terms provide for a binding determination, the process can avoid litigating those specified issues.

Coburns Boundary

  • One impartial assessment
  • A defined scope and process
  • Evidence-led conclusions
  • Binding where expressly agreed

One process for both parties

Both neighbours know which documents and questions are being considered. The expert assesses the material impartially rather than acting as either party’s advocate. Clear procedure and equal opportunities to provide evidence can help reduce avoidable argument.

Cost and time need to stay proportionate

Private expert determination can be quicker and cheaper than contested court proceedings, depending on the scope and cooperation needed. It does not guarantee a particular timetable or resolve every aspect of a wider neighbour dispute. Fees and additional work should be agreed before proceeding.

Why court cost deserves attention

In Clapham v Narga [2024] EWCA Civ 1388, paragraph 80 records combined trial and appeal costs above £300,000. Gilks v Hodgson [2015] EWCA Civ 5, involving a boundary and right of way, records costs around £500,000. These particular cases illustrate potential exposure; they are not typical estimates for a new dispute.

Clapham v Narga judgment · Gilks v Hodgson judgment

Know what makes the result binding

The binding effect comes from the parties’ agreement, not from the title “Single Joint Expert”. Get legal advice on the terms and any limits, enforcement or possible challenge. The court-appointed expert role under CPR Part 35 is different: the expert provides evidence and the judge decides.

When a different service fits better

If only one party wants advice, or the evidence is incomplete, preliminary evaluation or a report may be more suitable. Visit Coburns Boundary to discuss those alternatives and the appropriate instruction.

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

General guidance only. Boundary issues are fact-sensitive. This information is not advice on a particular property. Obtain appropriate legal advice before a binding agreement, formal application or court proceedings. Site visits, plans and other work are included only where agreed in the instruction.

Discuss your boundary enquiry

Send the property addresses, the disputed section and the key documents to Coburns Boundary. The appropriate scope and fee will be confirmed before instruction.