Property boundaries new legislation

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annie08
Posts: 169
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Property boundaries new legislation

Post by annie08 »

Property Boundaries (Resolution of Disputes) Bill has had its first reading in the House of Lords this month. Designed to reduce the number of cases that go to court it's structured in a similar way to the Part Wall Act legislation. Aggrieved property owners serve notice on their neighbour and a surveyor or surveyors are appointed to determine the correct boundary. Failure to comply and allow access can result in a conviction and fine. The surveyor makes an award re costs. Details of the surveyors findings are lodged with the Land Registry. The offending neighbour can't be made to reinstate the correct boundary and those cases can still go to court. However I suspect the cost of moving a boundary fence for example is substantially less than surveyors fees (possibly £300 per hour) LR compliant plans ( quoted to me as £700) and will be a disincentive to many bolshy neighbours who must know they are in the wrong and are blagging it. Once it comes into force existing court proceedings will be stayed and those disputes referred for determination under this new act. The bill is due its second reading but I have no idea when it will be passed to Parliament and get Royal Assent. Can't come soon enough for me but will be using it as leverage in the meantime.
ukmicky
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Re: Property boundaries new legislation

Post by ukmicky »

Problem is surveyors can’t legally take into account adverse possession so it will only work with some fences and only those that have been up less than 10 years
Any information provided is not legal advice and you are advised to gain a professional opinion
annie08
Posts: 169
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Property boundaries new legislation

Post by annie08 »

Fortunately my neighbours fence has only been on my land for six years. 😁
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