Boundary Assessment, did you expect that to be binding?

If you are thinking about appointing a Joint Surveyor to "assess" a Boundary? Be careful where that might lead.

Don't get tied to a legally binding boundary assessment that you don't agree with.

The Risks of Using a Joint Surveyor for Boundary Assessments

It's something that we are asked to do quite regularly. We've always pointed out the risks of owners using a "shared surveyor" for a boundary assessment. This can lead to a binding opinion that may not align with your views. Of course, we see the attraction: less argument, a quicker process, and shared costs. But what if the outcome isn't what you expect? What if you don't like the answer?

A Cautionary Tale: Crea v Camp

In the recent legal case of Crea v Camp [2025] EWHC 2638 (KB), heard at the Court of Appeal, our guidance and warnings have really been endorsed. The courts found that parties will be bound by the opinion of the surveyor, even if it goes against your view. Imagine believing their opinion is wrong, yet still being bound by it. This can happen even if the surveyor themselves had doubts about their conclusion.

In effect, the outcome wasn't about whether the boundary opinion was right or wrong. It was about whether the parties entered into a contract to be bound to that decision, regardless of its correctness.

Understanding the Implications of a Joint Surveyor

This post isn't about the legalities of sharing a Joint Surveyor; there are very good solicitors who can explain that. However, from a boundary surveyor's perspective and as an expert witness in boundaries, you could end up going down a one-way path with no turn-offs. At the end of that path you might face a binding decision that you really do not want. You could find yourself bound by an assessment that you did not expect to be binding.

So, if you do not have the legal advice and support to instruct a Joint Surveyor for a boundary assessment, make sure you understand what it means to go down that path. Ask yourself: if you instructed a Joint Surveyor for a boundary assessment, did you expect that to be binding?

The Mediation Alternative

We believe that mediation conducted by a skilled mediator with extensive experience in boundary issues is a preferable and likely safer option. The benefits of our mediation services include shared costs, fair guidance, and sensible evaluation of the matters. This approach facilitates a sensible and sound outcome. At the end of the day, the parties keep complete control over that outcome and will not be bound by an assessment they are not content with.

Conclusion: Boundary assessment did you expect that to be binding and Making Informed Decisions

In conclusion, it's crucial to weigh your options carefully when considering a Joint Surveyor for boundary assessments. The risks can be significant, and the implications of a binding decision can affect you for years to come.

Contact us today! Let us know what stage you are at in any boundary dispute. We can explain what we offer to assist: initial boundary appraisal, mediation, expert witness reports, or if and when the circumstances really are right for it—a joint instruction boundary report.

By choosing the right path, you can ensure a smoother resolution and peace of mind. Remember, it's always better to be informed and prepared than to face unexpected challenges down the line.