When Boundary Disputes Boil Over: Why Mediation is a Better Way
By Peter Causton, Civil & Commercial Mediator and Barrister
With reference to factual reporting from the Daily Mail © Associated Newspapers Ltd, 2025
A recent High Court case highlights the shocking cost of unresolved neighbour disputes—and why mediation offers a far more sensible route.
In rural Oxfordshire, a couple brought a legal claim against their neighbours after a new fence allegedly encroached by just 40cm into a shared right of way. The couple said it interfered with their enjoyment of the garden—specifically, the ability to carry trays for outdoor dining. The court rejected the claim. To make matters worse, the couple were ordered to remove their patio and an oil pipe that crossed into their neighbours’ land—rendering their home without central heating or hot water. They appealed to the High Court, but at what cost?
According to the Daily Mail report, the dispute could cost hundreds of thousands of pounds in legal fees. And it’s not an isolated case.
Earlier this year, two neighbours in Ilford reportedly spent £250,000 litigating the position of a garden tap over a strip of land worth far less. A judge called it “ridiculous” and warned it brought litigation into disrepute.
Why do these disputes escalate?
Boundary disagreements are intensely personal. They’re rarely about the land alone—they’re about trust, pride, and a sense of fairness. Once positions become entrenched, resolution can seem impossible. But what starts as a small disagreement often escalates into years of stress, hostility, and spiralling costs.
Litigation may feel like the only route to justice. But more often than not, it simply fuels the fire.
The case for mediation
Mediation offers an alternative—one that is quicker, more affordable, and focused on finding practical solutions rather than scoring legal points.
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Cost-effective
Mediation typically costs a few hundred to a few thousand pounds per party. Compare that to legal fees that can easily exceed £50,000 or even £250,000, as seen in recent cases.
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Faster
Disputes can be resolved within days or weeks, rather than months or years.
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Flexible and confidential
Parties retain control of the outcome. Agreements can include creative solutions not available in court, and all discussions remain private.
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Preserves relationships
Neighbours often have to live alongside one another for years. Mediation can help restore civility, if not goodwill, through respectful dialogue.
Common boundary issues we help resolve at ProMediate
- Fence lines and hedgerows
- Shared driveways and access rights
- Rights of way and pathways
- Overhanging structures
- Use of communal or shared space
- Trespass by utilities (e.g., pipes or cables)
We work with surveyors, solicitors, and both parties to find fair, workable solutions—without the emotional and financial burden of litigation.
How to start the mediation process
- Contact a mediator early—before issuing legal proceedings.
- Gather relevant documents—title plans, deeds, photos, prior correspondence.
- Propose mediation to your neighbour—many are open to resolving things informally.
- Book a session—we offer online and in-person options nationwide.
At ProMediate (UK) Limited, we’re here to help. Our civil and property mediators are experts at defusing tensions and facilitating fair outcomes—even in the most entrenched disputes.
📞 Get in touch today: www.promediate.co.uk
📧 enquiries@promediate.co.uk
Final thought
Before digging in over a hedge or a fence, ask yourself: is it worth losing thousands of pounds—and years of peace? Mediation isn’t just an alternative to court. It’s a smarter way forward.
This article refers to a report published by the Daily Mail © Associated Newspapers Ltd, 2025. Used for factual reference and commentary