When “Let’s Get a Surveyor” Becomes a Legal Commitment — The Lesson from Crea v Camp (2025)

Why this case matters?

It’s not unusual for neighbours to fall out over where a garden fence, hedge, or wall should sit. Most of the time, both sides simply agree to bring in a surveyor to “sort it out.”

The question is what happens if that informal arrangement turns out to be legally binding, even when one party later disagrees with the result?

That’s exactly what happened in Crea v Camp [2025] EWHC 2638 (KB) a boundary dispute that turned into a legal cautionary tale.

A dispute with complications

The Creas and the Camps owned neighbouring homes. They could not agree where the dividing line between their gardens lay. So, they decided to jointly instruct a surveyor to look into it.

So far, so sensible.

Emails went back and forth, the Camps suggested that both parties should agree to accept the surveyor’s findings as final. The Creas did not specifically say they agreed to be “bound” by the outcome, but they did agree to the proposed surveyor, Mr Lewis Brown, and asked for the process to go ahead.

When Mr Brown produced his report showing where he thought the boundary was, the Creas were not  happy. They claimed the surveyor was biased and said they’d never agreed to treat his decision as final.

The Court’s finding

The court took a close look at the emails between the neighbours. It found that, taken together, they added up to a binding agreement meaning the surveyor’s report was effectively final.

Even though the Creas did not  explicitly write “we agree to be bound,” their acceptance of the Camps’ proposal and their willingness to proceed with the joint instruction showed, in the court’s view, that they’d agreed to those terms.

In short, by saying “yes, let’s go ahead,” they had already committed themselves.

Their appeal failed.

The takeaway 

When you agree to jointly instruct a surveyor, be clear about what you’re agreeing to. A friendly, practical arrangement can easily turn into a contract that fixes your boundary permanently.

Before signing anything or even confirming by email make sure you understand whether:

• The surveyor’s role is just to advise, or
• Their decision will be binding.

A conveyancing solicitor can help you draw up the right wording or suggest alternatives like appointing your own surveyor or agreeing that the survey will be “for discussion only.”

A word of warning

Once you have accepted a joint expert’s determination, it’s extremely hard to undo it even if later evidence shows the boundary might actually lie somewhere else.

That is why Crea v Camp is a reminder that small misunderstandings at the start of a dispute can have big consequences down the line.

If you are ever in a boundary disagreement or even suspect one could arise after buying a home get advice early. Clear legal guidance can save months (and thousands of pounds) in the long run.