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by Munro Research

Property Boundaries (Resolution of Disputes) Bill


Official Summary

A Bill to make provision for the resolution of disputes concerning the location or placement of the boundaries relating to the title of an estate in land; and for connected purposes

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Overview

This bill aims to establish a new process for resolving boundary disputes between neighboring landowners in England and Wales. It outlines a procedure involving surveyors to determine the correct boundary line and address any trespassing issues, minimizing the need for costly court cases.

Description

The bill details a structured approach to boundary disputes. If a dispute arises, landowners must first attempt to resolve it informally (Section 3). This involves providing written descriptions and plans of their claimed boundary lines to their neighbors. If this fails, or if a dispute exists when the bill is enacted, the matter proceeds to a surveyor-led process (Section 5). This involves either a single agreed-upon surveyor or, if agreement is not reached, three surveyors (one appointed by each party, and a third selected by the first two). The surveyors' decision on the boundary line is binding (Section 5(16)), though an appeal to the county court is possible within fourteen days (Section 5(17)). The bill also addresses expenses, security for expenses, accounting for work done, and the service of notices (Sections 6-10). It outlines penalties for non-compliance (Section 4) and defines offenses related to hindering the dispute resolution process (Section 11). The bill specifically excludes Inns of Court in inner London (Section 13) but includes Crown land (Section 14). It defines key terms such as "adjoining owner" and "surveyor" (Section 15).

Government Spending

The bill doesn't directly specify government spending figures. However, it could lead to reduced court costs for the government by diverting boundary disputes away from the court system. Any expenses related to the Secretary of State's involvement in surveyor appointment (Section 5(8)) would need to be considered separately.

Groups Affected

  • Landowners in England and Wales: This bill directly impacts landowners involved in boundary disputes. It provides a new, potentially less expensive, method for resolving these disputes.
  • Surveyors: The bill creates new opportunities for surveyors to resolve boundary disputes.
  • Courts: The bill may reduce the number of boundary dispute cases heard in courts, potentially freeing up resources.
  • Inns of Court in Inner London: This bill explicitly excludes these institutions from its provisions.
  • Crown: The bill applies to land owned by the Crown.
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