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Boundary Dispute Court Costs and Recovery of the Same

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What is a Boundary Dispute?

 

Boundary Dispute Court Costs will naturally arise from Boundary Disputes which may have involved Court proceedings.

A boundary dispute will arise when two parties believe they own the right to a piece of land, and is often a feature of neighbour disputes. These disputes tend to begin when a party wall or fence is raised on a piece of land which the other party thinks belongs to them.

Parties can attempt to resolve a boundary issue together by trying to determine where the boundary line lies, through alternative dispute resolution.  This can avoid costly Court proceedings and boundary dispute Court costs from arising. Property boundaries are established by collecting as much information as possible, including checking title deeds and documentation held by the Land Registry.

If an agreement cannot be reached between the parties, the case may end up before a Court, where the Judge will  rule on where the boundary location is. This can result in Boundary Dispute Court Costs arising which the parties will need to agree.

 

Boundary Dispute Court Costs

Boundary dispute costs can vary depending on the case itself and the complications or facts of the case.

The legal costs of such disputes are similar to the costs which arise in other civil disputes. They will include the following:

  • Court fees which vary based on the value of the claim.
  • Solicitors fees where legal representation is sought. A Solicitor will charge for the work they have done, usually at an hourly rate based on their location and experience.
  • Expert fees such as Surveyor fees for a Surveying expert having to visit the land in dispute and prepare a report on the issue of the correct boundary.
  • Fees in relation to obtaining additional Land Registry records.
  • Counsel fees for barristers which provide any advice/advocacy services and representation at Trial.

Boundary Dispute Court Costs will usually be awarded to the winning party, but will not necessarily be 100% recovered from the losing paying party, and it should be expected that you will not fully recoup your legal fees on assessment. Costs can run to thousands of pounds, and thus it is advised that the parties bear in mind these likely legal costs before proceeding to litigation, as costs can soon spiral and sometimes exceed the financial benefit of any claim.

It is often the case that Boundary Dispute Court Costs can outweigh the value of the boundary being established. In any event, it is important to seek legal advice on the merits of proceeding to Court in these cases.

If you have been through a boundary dispute which has now been resolved, it may be that you require the assistance of a costs specialist in relation to the Boundary Dispute Court Costs which have been incurred, whether you are the receiving or paying party.

 

How Can ARC Costs Assist with Your Boundary Dispute Court Costs?

ARC Costs are a team of specialist Costs Draftsmen and Costs Lawyers who can assist in respect of all costs disputes. We hold extensive experience as independent legal costs experts in acting for receiving and paying parties.

As a receiving party, once a case has concluded and you are awarded costs, we can assist in the preparation of a detailed Bill of Costs on your behalf. We can also assist as Costs Negotiators to achieve the maximum recovery of costs claimed.

If costs have been awarded against you, we can assist in disputing the costs which you may deem to be unreasonably incurred. This is achieved through negotiations and the settling of Points of Dispute.

As Costs Lawyers, we can also represent you at Detailed Assessment Hearings, acting in your best interest on costs issues.

Should you wish to discuss your costs query with us, then please contact us on 01204 397302 or by email at info@arccosts.co.uk.  Papers can also be sent to us directly by utlising our ‘Instruct Us’ feature, below.

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01204 397302

info@arccosts.co.uk

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