Boundary Disputes: New Legislation Proposed

Boundary disputes are notoriously difficult to resolve with emotions and costs often running high on both sides of the fence. Courts hate dealing with boundary disputes and a current parliamentary bill is seeking to provide an alternative option to going to court.

The Property Boundaries (Resolution of Disputes) Bill has recently passed its second reading in the House of Lords. The provisions of the Bill deal with resolving disputes relating to the location/placement of boundaries and private rights of way.

If the Bill becomes an Act of Parliament, it will mean that when a landowner wants to establish the position of a boundary or a private right of way it will be compulsory for them to serve a notice (and a plan) on their neighbour (or user of a private right of way) showing the proposed line of the boundary (or private right of way). If the recipient does not then consent to what is in the notice a dispute is deemed to have arisen and a surveyor will be appointed to set out their conclusions on the matter. The surveyor’s findings will be considered final and will only be able to be challenged if an appeal is made within 28 days to the High Court.

The next stage for the Bill to go through is the committee stage - a date is yet to be set for this.

The Bill’s progress can be followed here: http://services.parliament.uk/bills/2016-17/propertyboundariesresolutionofdisputes.html