Overview

This bill establishes a new process for resolving disputes between neighboring landowners about property boundaries and private rights of way in England and Wales. It aims to provide a faster, cheaper, and less adversarial method than traditional court proceedings.

Description

The bill outlines a system where disputes are initially handled by a surveyor or a panel of surveyors, chosen either jointly by the disputing parties or appointed through a specified process. If no court proceedings have begun, a landowner must notify their neighbor of a boundary issue with a plan, and failure to respond or objection triggers the surveyor process. Existing court cases are automatically stayed and will follow this new process. The surveyors' decision is binding unless appealed to the High Court within 28 days. The Secretary of State has the power to regulate surveyors involved, including setting standards, reviewing complaints, and designating professional bodies that can perform the role. Specific actions are detailed for circumstances such as surveyor refusal or incapacity, and there is allowance for the surveyor to proceed 'ex parte' (without the other party involved) under certain conditions. The bill also specifies procedures for serving notices, entry onto land by surveyors, and the creation of a Code of Practice. Inns of Court in London are exempt from the bill.

Government Spending

The bill doesn't directly specify government spending figures. However, it will likely incur costs for the government in regulating surveyors, potentially creating a new administrative body or expanding the responsibilities of an existing one, and for potential legal challenges to the new process.

Groups Affected

• Neighboring Landowners: Directly affected; they will have a new method for resolving boundary disputes, potentially saving costs and time compared to court action. The impact depends on the specifics of each case.
• Surveyors: New opportunities and responsibilities; will need to comply with the new regulations and Code of Practice set by the Secretary of State.
• Legal Professionals: Potential reduction in boundary dispute cases going to court, impacting their workload.
• The Government: Will incur costs for regulation and potential legal challenges.
• Inns of Court: Exempt from the bill.

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