Overview

This bill aims to establish a new procedure for resolving property boundary disputes in England and Wales. It outlines a process involving surveyors to determine boundary lines and private rights of way, minimizing the need for costly and time-consuming court cases.

Description

Dispute Resolution Process

The bill sets out a process for resolving boundary disputes. If a dispute arises, adjoining landowners must attempt to resolve it using a surveyor. If they can’t agree on one surveyor, each party appoints one, and those two select a third. These surveyors will determine the boundary, and their decision is binding unless appealed to the Technology and Construction Court within 28 days.

Existing Disputes

The bill applies to ongoing court cases concerning boundaries or rights of way, automatically staying those proceedings and transferring them to the surveyor-based process.

Notices and Access

Landowners initiating the process must serve formal notice on the adjoining owner. Surveyors have the right to enter the land to carry out their work, potentially with police assistance in cases of refusal.

Code of Practice

The Secretary of State will create a Code of Practice for the preparation of plans, documents, and the serving of notices, ensuring consistency and best practice.

Exemptions and Crown Land

The bill does not apply to land owned by the Inns of Court in Inner London. It does apply to Crown land and land held in trust for the Crown.

Government Spending

The bill doesn't directly specify government spending figures. However, it may lead to reduced court costs in the long term due to a less expensive alternative for resolving boundary disputes. The costs associated with creating and maintaining the Code of Practice and any associated regulatory actions would need to be considered as well.

Groups Affected

• Landowners: Potentially affected by the need to engage with the new process for resolving disputes; could experience both benefits (cheaper and faster resolution) and costs (surveyor fees).
• Surveyors: May see an increase in work related to boundary disputes.
• Courts: Likely to see a decrease in the number of boundary dispute cases.
• Government: Responsible for establishing and maintaining the Code of Practice, thus incurring related costs.

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