Overview

This bill establishes a new process for resolving disputes about property boundaries and private rights of way in England and Wales. It aims to provide a quicker, cheaper, and less adversarial method than existing court proceedings, using qualified surveyors to determine boundary lines and access rights.

Description

The bill outlines a procedure for resolving boundary disputes. If a dispute arises, landowners must first attempt to resolve it informally (Section 3). If this fails, or if a dispute is already in court, the matter will be referred to a surveyor or panel of surveyors (Section 5). Landowners can choose a single agreed-upon surveyor, or each can appoint their own, who then choose a third. The surveyor(s) will issue a binding award determining the boundary line. This award can be appealed to the High Court within 28 days. The bill also regulates the surveyors involved, specifying professional bodies they must belong to (Section 6) and establishing a Code of Practice (Section 9) for conducting the boundary resolution process. The bill allows surveyors access to land (Section 8) to conduct their assessments and sets penalties for non-compliance (Section 4). The bill specifically excludes Inns of Court in London (Section 12), and applies to Crown land (Section 13).

Government Spending

The bill does not directly specify any new government spending. However, there will be indirect costs associated with establishing and enforcing the new procedures, including the cost of creating and maintaining a Code of Practice, and potential costs associated with court appeals against surveyor awards.

Groups Affected

• Landowners: Will be directly affected by the new dispute resolution process. They may experience both benefits (faster, cheaper resolution) and drawbacks (potential for dissatisfaction with surveyor's decision).
• Surveyors: Will be regulated under the bill and have defined roles in the dispute resolution process. Specific professional bodies are referenced, and their potential liability is established.
• Courts: Will see a reduction in boundary dispute cases, freeing up resources. There may also be an increase in appeals.
• Inns of Court: The bill explicitly excludes them from its provisions.
• Government: Responsible for creating regulations and a code of practice, and for potential costs associated with enforcement and appeals.

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