Process and fees
What happens when you instruct Laurence, what it is likely to cost, and how the risk of paying the other side’s costs works — explained plainly, before you commit to anything.
A boundary or right of way dispute typically moves through four broad stages: early advice, pre-action negotiation, mediation, and — only if needed — court or tribunal proceedings. Most disputes are resolved in the first three. Laurence explains the likely cost of each stage before any work begins, confirms it in writing, and keeps it under review. In court, the losing party usually pays a large part of the winner’s costs, so costs risk is part of every decision.
The process
A short call to understand what has happened, to check for any conflict of interest, and to decide whether and how Laurence can help. There is no charge for this.
Laurence opens a file for you with Keystone Law and Keystone Law will carry out regulatory checks on your identity. Once Keystone Law’s regulatory checks have been passed, you have entered into a retainer with the firm and paid any required funds on account, he can start work.
Laurence reviews the title documents, plans, photographs and correspondence — visiting the site where that helps — and advises you on the strength of your position, your options and the likely costs. You will know what this stage costs before it begins.
Where the answer depends on the ground, a surveyor experienced in boundary work is instructed, alongside historic maps, aerial photographs and statements from people who know the land.
The court expects parties to set out their cases, exchange key documents and consider settlement before any claim is issued. A well-evidenced letter of claim, or response, resolves many disputes at this stage.
Negotiation continues throughout, and mediation is considered at every stage. Laurence prepares you for mediation and represents you on the day.
If agreement is not possible, a claim is issued in the County Court, or a disputed Land Registry application goes to the First-tier Tribunal. The case moves through statements of case, disclosure of documents, witness statements and expert evidence to a final hearing, typically over a year or more. A barrister is instructed for the trial where that is in your interests.
A settlement or judgment matters only once it is carried out: new plans registered, rights recorded, fences moved, costs recovered.
Fees
Work is usually charged by the time spent, with an estimate for each stage, and fixed fees agreed where the work can be defined in advance. You will receive a written estimate before work begins, and an update if anything changes.
Court and Land Registry fees, surveyors’ and other experts’ fees, and barristers’ fees are payable in addition. Laurence will tell you about them before they are incurred.
The general rule is that the loser pays a large part of the winner’s costs as well as its own — though a winner rarely recovers everything. In larger cases the court sets budgets for each side’s costs. Formal settlement offers, particularly under Part 36 of the Civil Procedure Rules, can shift that costs risk, and so can an unreasonable refusal to mediate.
Many home and farm insurance policies include legal expenses cover, and it is worth checking yours early: most policies have time limits for notifying a claim and set out whether, and when, you can choose your own solicitor. Insurance can sometimes also be bought to cover the risk of paying the other side’s costs.
Keeping it proportionate
The strip of land at the heart of a boundary dispute is often worth far less than the cost of arguing about it. That is not a reason to give way on something that matters to you, but it is a reason to choose your battles carefully. Laurence will tell you candidly when a dispute is worth pursuing, when it is better settled, and what a sensible settlement might look like.