Overview

This bill aims to establish a new process for resolving property boundary disputes in England and Wales, using a surveyor-led system to avoid lengthy and costly court proceedings. It outlines procedures for resolving disputes, both where court proceedings have already begun and where they haven't.

Description

Existing Disputes:

For ongoing court cases involving boundary disputes or private right-of-way issues, the bill mandates an automatic stay of proceedings. These cases will then be resolved using the surveyor-based process detailed below.

New Disputes:

If a boundary dispute arises but no court action has started, the bill requires the landowner initiating the process to serve a formal notice including a boundary plan on the adjoining landowner. If the adjoining owner objects or doesn't respond within 14 days, a dispute is deemed to exist.

Dispute Resolution:

The bill outlines a process involving the appointment of one or three surveyors (depending on whether both parties agree on a single surveyor) to determine the boundary. If a surveyor refuses or neglects to act, provisions are made for alternative appointments. The surveyors' decision (award) is generally binding, although an appeal to the Technology and Construction Court is possible within 28 days.

Other Provisions:

The bill includes provisions for service of notices, right of entry for surveyors, a Code of Practice, penalties for non-compliance, and recovery of costs. The bill specifically excludes Inns of Court in Inner London and applies to Crown land.

Government Spending

The bill doesn't directly specify government spending figures. However, there will be some cost associated with creating and enforcing the Code of Practice and any potential legal challenges related to the bill's implementation. The primary impact is likely to be a reduction in court costs associated with boundary disputes.

Groups Affected

• Landowners: Directly affected by the new dispute resolution process. They may benefit from a quicker and potentially less expensive method for resolving boundary disputes.
• Adjoining Landowners: Directly impacted by the process, particularly if they disagree with a neighbor's claim. They could experience both benefits and drawbacks depending on the outcome.
• Surveyors: Will be involved in resolving disputes. This will lead to an increase in work for qualified surveyors meeting the bill's specifications.
• Courts: Could experience reduced caseloads related to boundary disputes, freeing up resources for other matters.
• The Crown: The bill applies to Crown land, therefore government departments and agencies managing Crown Estates will be subject to the new procedures.

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