Overview

This bill establishes a new process for resolving boundary disputes between neighboring landowners in England and Wales. It aims to provide a quicker, cheaper, and less adversarial method than traditional court proceedings, utilizing a surveyor-based system to determine boundary lines.

Description

The bill outlines a procedure for resolving boundary disputes, whether or not court proceedings have already begun.

Existing Disputes:

If a boundary dispute is already in court, the proceedings are automatically stayed (paused) while the new process is followed. This applies to various types of court claims relating to boundary issues (trespass, declaratory actions, Land Registry objections).

New Disputes:

If a dispute hasn't reached court, one landowner must formally notify their neighbor(s) in writing, providing a plan showing the claimed boundary line and supporting evidence. The neighbor has 20 business days to respond; failure to respond is considered an objection.

Dispute Resolution:

Disputes are resolved by a surveyor or a panel of three surveyors. The parties can choose a single surveyor jointly, otherwise, each appoints one, and they select a third. The surveyors determine the boundary line, assess any encroachments, and detail the works needed to rectify them. Their award is legally binding unless appealed to the county court within 14 days.

Costs:

The bill addresses cost allocation, with surveyors determining who pays the costs of the process. It also provides for security of expenses and a process for settling accounts for work carried out.

Exceptions:

The bill does not apply to land owned by the Inns of Court in inner London but does apply to Crown land.

Government Spending

The bill doesn't directly specify government spending. However, it could indirectly impact government spending by reducing the burden on the court system through the use of a less expensive alternative dispute resolution method. Exact cost savings are not specified.

Groups Affected

• Landowners: Directly affected; the bill provides a new mechanism for resolving boundary disputes, potentially saving them time and money compared to court action. It also imposes obligations on them to follow specific procedures.
• Neighbors: Directly affected; must participate in the new dispute resolution process.
• Surveyors: Will be involved in the dispute resolution, creating new work opportunities.
• Courts: May experience a reduced caseload for boundary disputes.
• Inns of Court (Inner London): Exempt from the bill's provisions.
• Crown: The bill explicitly applies to land owned by or held in trust for the Crown.

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