My family bought a property in 1942. When the family member who was living in it died, it was left to my son.

When transferring the ownership it transpired that a neighbour had registered part of our boundary and land to herself several years earlier.

We took the matter to court and initially lost. I had to pay the neighbour £18,000 and set aside £11,500 for solicitors' costs for the appeal. However, we won the case on appeal after a second judge visited the property and said the initial decision should not have been reached. It was also ruled that the neighbour should pay our legal costs. 

But I have not received a penny back. The neighbour offered to pay 50 per cent, but I refused this as we were the innocent party. She then offered 30 per cent, and I refused that too.

I was advised to go to a costs judge, which we did in December 2025, but they have not responded. My solicitor has told me there is a shortage of judges and I need to be patient.

The neighbour is having work done on her property weekly. Meanwhile, I have broken heating, decking that's worn and other dangerous problems with my house which I cannot afford to get fixed.

Can you please help me understand why I have not got my money back even though I won the case?

Jane Denton, of This is Money replies: Your boundary dispute has been prolonged and difficult. Well done for persisting and getting things resolved in your favour. 

The financial burden is one of the most pressing issues for individuals and considering taking a neighbour dispute to court. Your experience shows why this should always be a last resort. 

In most cases, if someone wins their case, the court will usually order the other side to pay reasonable legal costs. This does not always mean the winning party recovering every penny incurred, though, as the court retains discretion to make a different order depending on the circumstances of the case. 

Unfortunately, the payment of costs following a legal judgment is not immediate. 

You have now asked a costs judge to start a detailed assessment process, as your neighbour does not agree with the level of costs they are being asked to pay. There are delays and backlogs in this system, however, which is proving a further source of frustration. I asked two solicitors for their thoughts on your case. 

Reema Chugh, a partner at Hodge Jones & Allen, says: Your frustration is entirely understandable and, unfortunately, this situation is not uncommon in property and boundary disputes.

Winning a case and recovering legal costs are two separate stages. 

Even where a court or tribunal orders one party to pay the other's costs, payment is not automatic or immediate. 

If the amount of costs cannot be agreed between the parties, the matter proceeds to what is known as 'detailed assessment', where a specialist costs judge reviews the legal fees claimed and decides what is reasonable and recoverable.

That process can take many months and, in some cases, more than a year, particularly given the continuing backlog and shortage of judges dealing with costs matters. 

If the detailed assessment proceedings were listed for late 2025, it is possible the matter is still progressing through the court system, especially if there have been delays in listing, exchanging documents or dealing with procedural issues.

It is also important to understand that a costs order does not necessarily mean recovering every penny spent. 

Courts assess whether costs were reasonably incurred and proportionate. Even successful parties often recover less than the total they paid to their own solicitors.

From the facts described, it appears you ultimately succeeded on appeal after a second judge properly considered the evidence and inspected the property. The fact the tribunal judge stated the earlier decision should not have been reached is significant.

However, until the costs process is finalised, enforcement action cannot realistically begin. 

If the neighbour still refuses to pay once a final amount is determined, enforcement options may include charging orders, third-party debt orders or other recovery measures depending on the neighbour's financial position.

You should ask your solicitor for a clear written update confirming what stage the detailed assessment proceedings have reached, whether a formal bill of costs has been served, whether the court has issued directions or hearing dates and what level of recovery is realistically expected.

Boundary disputes are particularly stressful because they are personal, lengthy and expensive. Unfortunately, even after successfully proving ownership, recovering legal costs can still be a slow and frustrating process. 

Jill Carey, a property litigation partner at Freeths, says: From a general perspective, there are two main factors to consider. 

First, you had an initial claim and then an appeal, and so two rounds of litigation. Secondly, the type of costs assessment will affect the timing for payment.

On the first point, if the court makes a costs order at the hearing, known as a 'summary assessment', it will give a date by which payment must be made, usually within 14 days. 

This is binding even if you appeal. If you do not wish to pay costs at this stage, but wish to avoid enforcement and penalties, you must apply for a stay of execution until the outcome of the appeal, or agree it with the other side.

It sounds as if your solicitor did this for the first hearing, and then your neighbour was ordered to pay your costs when your appeal succeeded.

On the second point, if the matter is too complex for a summary costs assessment, the court can order a later determination, known as a 'detailed assessment', for the court to consider your costs on a point-by-point basis. 

This is what you have been waiting for the court to do and it does take time. 

Of course, dealing with costs assessments also incurs costs, which is why parties are encouraged to negotiate.

The court will usually make an interim costs payment order, so that some costs are paid to you more quickly, and you are not left too much out of pocket while the assessment process is ongoing. This should be done unless there was a valid reason for the court not to do so.

Ultimately, the courts are under significant pressure at the moment, and unfortunately some complex matters are taking a long time. 

To keep you reassured, your solicitor should be providing regular advice on the stage that you have reached, chasing the court for updates and advising on negotiations with the neighbour. This should include considering whether alternative dispute resolution, such as an independent expert costs assessor, would assist.

If you are unsure whether this is being done, you could consider seeking a second opinion from a specialist costs solicitor.