Overview

This bill aims to establish a new process for resolving property boundary disputes in England and Wales, utilizing a system of appointed surveyors to determine boundary lines and private rights of way, minimizing the need for expensive and time-consuming court proceedings.

Description

The bill outlines a procedure for resolving boundary disputes between adjoining landowners. If a dispute arises, and court proceedings haven't begun, the landowner must serve a notice on the adjoining owner, including a plan showing the claimed boundary. If the adjoining owner objects or doesn't respond within 14 days, a dispute is deemed to exist.

Dispute Resolution Process

The bill mandates the appointment of surveyors: either both parties agree on one, or each appoints one, who then select a third. These surveyors determine the boundary location and extent of any private rights of way, detailing findings on a plan acceptable to the Land Registry. Their award is generally binding, with a 28-day appeal period to the High Court.

Surveyor Regulation and Entry

Appointed surveyors must be regulated by specified professional bodies. The bill grants surveyors and their agents the right to enter land to carry out their work, even if it means breaking in, following proper notice. A code of practice, issued by the Royal Institution of Chartered Surveyors, will govern the process.

Penalties and Exceptions

The bill outlines penalties for landowners who initiate court proceedings without following the outlined procedure, losing the right to recover their costs. The bill explicitly excludes Inns of Court land in Inner London, but it applies to Crown land and land owned by government departments.

Government Spending

The bill doesn't directly specify government spending, but there may be some administrative costs associated with overseeing the implementation and enforcement of the new process. The potential for reduced court costs for resolving boundary disputes could indirectly result in savings for the government.

Groups Affected

• Landowners: This bill directly impacts landowners involved in boundary disputes. It provides an alternative dispute resolution mechanism, potentially saving them time and money compared to court proceedings.
• Surveyors: The bill creates new opportunities for surveyors, requiring their appointment in boundary disputes. It also sets regulations for their practice.
• Courts: The bill aims to reduce the number of boundary disputes that go to court, potentially lessening the burden on the court system.
• The Royal Institution of Chartered Surveyors: This institution is tasked with creating and maintaining the Code of Practice, giving it a significant role in the bill's implementation.

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