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Boundaries and adverse possession.

The editor of this section of the site is Samantha Jackson of 1 Chancery Lane, London.

Article

The Property Boundaries (Resolution of Dispute) Bill 2016

Background

The Property Boundaries (Resolution of Dispute) Bill 2016 is due to enter the committee stage of examination and debate in the House of Lords although no date has been set for this as at the date of writing.

The Bill can be found here

During the second reading of the Bill on 9 December 2016 there was discussion on issues including the costs of conventional litigation and the adversarial nature of disputes. The Bill includes proposals aimed at providing an informal alternative to the Court and Tribunal determination of boundary disputes and rights of way by introducing the expert determination of boundary and rights of way disputes by qualified surveyors. Its aim is to reduce costs and speed up the process for resolution.

The Bill is or was modelled on the Party Wall Act 1996 in that it takes the dispute out of the hands of the squabbling neighbours (and arguably lawyers) to be dealt with by appointed surveyors.

The Bill was first introduced in the 2012‐13 parliamentary session but it did not progress. The current version of the Bill, introduced in May 2016, made some crucial amendments to the original 2012 draft by including a reference to appeals to the High Court; the addition of a new clause which provided for a means of jurisdiction over the conduct of surveyors by reference to the powers of their relevant professional bodies; and a definition of “boundary”. That definition states a boundary “means an invisible plane which can extend above and below ground, defining the exact extent of the owner of land’s property”. The “owner of land” means “a freehold owner of land who is desirous of establishing the position of a boundary between his land and the land of an adjoining owner or a private right of way”. The definition of “adjoining owner” equally only refers to a freehold owner ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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