Overview

This bill aims to establish a new system for resolving property boundary disputes in England and Wales, moving away from lengthy and expensive court cases. It proposes a process involving qualified surveyors to determine boundary lines and private right of way issues, with a limited right of appeal to the High Court.

Description

The bill outlines a structured approach to resolving boundary disputes. If a dispute arises, and court proceedings haven't started, adjoining landowners must first attempt to resolve it via a formal notice procedure (Section 3). This notice includes a proposed boundary line and a named surveyor. Failure to respond within 14 days, or an objection to the proposed line, triggers the surveyor process.

Surveyor Appointment and Dispute Resolution

Both parties ideally agree on one surveyor (Section 5). If not, each appoints one, and they select a third. These surveyors determine the boundary line, showing it on a plan acceptable to the Land Registry (Section 6). Their decision (the "award") is generally binding, though an appeal to the High Court is possible within 28 days. Surveyors must be regulated by specific professional bodies (Section 7).

Other Key Provisions

The bill includes provisions for serving notices (Section 8), surveyors' rights of entry onto properties (Section 9, including breaking into closed properties in certain circumstances), a code of practice for surveyors (Section 10), and penalties for non-compliance (Section 4 and 11). The bill doesn't apply to land owned by Inns of Court in Inner London (Section 13), but it does apply to Crown land (Section 14).

Government Spending

The bill doesn't directly specify any increase or decrease in government spending. However, indirect cost savings could be achieved through reduced court caseloads and associated legal fees if the new system proves efficient.

Groups Affected

• Landowners: Directly affected; the bill provides a new mechanism for resolving disputes.
• Adjoining Landowners: Directly affected; must participate in the process, either agreeing or objecting to proposed boundaries.
• Surveyors: Potentially increased workload and demand for their services.
• Courts: Likely to experience a reduction in boundary dispute cases.
• Legal Professionals: Potential reduction in work related to boundary disputes.

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