Property Boundaries (Resolution of Disputes) Bill (HC Bill 32)

1 Application of this Act to existing proceedings

This section shall have effect where lands of different owners adjoin and—

(a) a dispute has arisen between the owners as to the location of the exact
line of the boundary between the lands; and

(b) 5a claim has been issued in any court of competent jurisdiction alleging
that an owner of adjoining land has trespassed upon land belonging to
an adjoining land owner (irrespective of the remedy sought) and a
defence has been filed which puts into issue the precise location of the
boundary between adjoining land; or

(c) 10a claim has been issued in any court of competent jurisdiction claiming
a declaration as to the exact location of a boundary between the lands
of adjoining owners; or

(d) an application has been made to the Registrar of Her Majesty’s Land
Registry under paragraphs 117 to 122 of the Land Registration Rules
152003 for the determination of the exact line of a boundary and any
owner of land adjoining the boundary has given notice of objection in
accordance with paragraph 119(6) of the Land Registration Rules 2003.

2 Stay of pending proceedings and referral of disputes for determination under
this Act

20All claims and proceedings referred to in section 1 above shall be stayed
automatically and shall be determined in accordance with section 5.

3 Procedure where a boundary dispute has arisen but no court proceedings
have been commenced between adjoining landowners

(1) Where an owner of land (“the owner of land”) considers that a dispute has
arisen between himself and the owner of adjoining land, he must follow the
5procedure set out in this section.

(2) The owner of land must give to all persons who appear to him to be owners of
adjoining land the subject of the dispute referred to in subsection (1) above
(“the adjoining owner”) a description in writing accompanied by a plan
identifying the exact line of the boundary claimed and showing sufficient
10physical features to allow the boundary to be drawn on an Ordnance Survey
map together with such evidence as he shall consider necessary to establish the
exact line of the boundary.

(3) The documents referred to in subsection (2) above must be accompanied by a
notice in conspicuous lettering informing the adjoining owner that the owner
15of land is proceeding under this section of this Act and informing the adjoining
owner that a response, stating whether he objects to the exact line of the
boundary claimed by the owner of land must be given to the land owner not
less than 20 business days after the date upon which the adjoining owner was
given all the documents referred to in subsection (2) above.

(4) 20Where the adjoining owner gives notice under subsection (3) above that he
objects to the claimed boundary line then the dispute shall be determined in
accordance with section 5.

(5) Where no response is given by the adjoining owner within the period referred
to in subsection (3) above then he shall be deemed to have dissented from the
25notice and a dispute shall be deemed to have arisen between the parties and
the dispute shall be determined in accordance with section 5.

(6) Where in this section there is more than one person who qualifies as an
adjoining owner of land the phrase “the adjoining owner” means all such
persons.

4 30Penalty for failure to comply with section 3

Where after the commencement of this Act a land owner issues proceedings in
any court without having first complied with section 3 of this Act then he shall
not be entitled to recover any costs incurred in the issue and service of such
proceedings as against the adjoining land owner.

5 35Resolution of disputes

(1) Where a dispute arises or is deemed to have arisen between a land owner and
an adjoining owner in respect of any matter connected with the location of the
boundary between the adjoining properties then either—

(a) both parties shall concur in the appointment of one surveyor (in this
40section referred to as an “agreed surveyor”); or

(b) each party shall appoint a surveyor and the two surveyors so appointed
shall forthwith select a third surveyor (all of whom are in this section
referred to as “the three surveyors”).

(2) All appointments and selections made under this section shall be in writing
45and shall not be rescinded by either party.

(3) If an agreed surveyor—

(a) refuses to act;

(b) neglects to act for a period of ten days beginning with the day on which
either party serves a request on him;

(c) 5dies before the dispute is settled; or

(d) becomes or deems himself incapable of acting,

the proceedings for settling such dispute shall begin de novo.

(4) If either party to the dispute—

(a) refuses to appoint a surveyor under subsection (1)(b), or

(b) 10neglects to appoint a surveyor under subsection (1)(b) for a period of
ten days beginning with the day on which the other party serves a
request on him,

the other party may make the appointment on his behalf.

(5) If, before the dispute is settled, a surveyor appointed under subsection (1)(b)
15by a party to the dispute dies, or becomes or deems himself incapable of acting,
the party who appointed him may appoint another surveyor in his place with
the same power and authority.

(6) If a surveyor—

(a) appointed under subsection (1)(b) by a party to the dispute; or

(b) 20appointed under subsection (4) or (5),

refuses to act effectively, the surveyor of the other party may proceed to act ex
parte and anything so done by him shall be as effectual as if he had been an
agreed surveyor.

(7) If a surveyor—

(a) 25appointed under subsection (1)(b) by a party to the dispute; or

(b) appointed under subsection (4) or (5),

neglects to act effectively for a period of ten days beginning with the day on
which either party or the surveyor of the other party serves a request on him,
the surveyor of the other party may proceed to act ex parte in respect of the
30subject matter of the request and anything so done by him shall be as effectual
as if he had been an agreed surveyor.

(8) If either surveyor appointed under subsection (1)(b) by a party to the dispute
refuses to select a third surveyor under subsection (1) or (9), or neglects to do
so for a period of ten days beginning with the day on which the other surveyor
35serves a request on him—

(a) the appointing officer; or

(b) in cases where the relevant appointing officer or his employer is a party
to the dispute, the Secretary of State (or, where the land the subject of
the dispute is located wholly in Wales, the National Assembly for
40Wales),

may on the application of either surveyor select a third surveyor who shall
have the same power and authority as if he had been selected under subsection
(1) or subsection (9).

(9) If a third surveyor selected under subsection (1)(b)—

(a) 45refuses to act;

(b) neglects to act for a period of ten days beginning with the day on which
either party or the surveyor appointed by either party serves a request
on him; or

(c) dies, or becomes or deems himself incapable of acting, before the
dispute is settled,

the other two of the three surveyors shall forthwith select another surveyor in
his place with the same power and authority.

(10) 5The agreed surveyor or as the case may be the three surveyors or any two of
them shall settle by award—

(a) the precise location of the boundary line between adjoining properties,
and

(b) the extent to which any building, structure or other erection
10constructed on the land of one owner (“the trespassing owner”) may be
trespassing upon the land of any adjoining owner, if at all,

(c) the works which must be undertaken by the trespassing owner at his
own expense in order to abate any trespass made the subject of an
award under subsection (b) above together with a reasonable time limit
15for the carrying out of such works.

(11) Either of the parties or either of the surveyors appointed by the parties may call
upon the third surveyor selected in pursuance of this section to determine the
disputed matters and he shall make the necessary award.

(12) An award may determine—

(a) 20the right of any adjoining land owner to execute any work ordered
under subsection (10)(c) above where the trespassing owner fails to
carry them out within the time limit set under that paragraph and the
obligation of the trespassing owner to compensate the adjoining owner
for the cost of carrying out such work;

(b) 25the time and manner of executing any work; and

(c) any other matter arising out of or incidental to the dispute including the
costs of making the award;

but any period appointed by the award for executing any work shall not unless
otherwise agreed between the adjoining owners begin to run until after the
30expiration of the period prescribed by this Act for service of the notice in
respect of which the dispute arises or is deemed to have arisen.

(13) The reasonable costs incurred in—

(a) making or obtaining an award under this section;

(b) reasonable inspections of land, buildings or work to which the award
35relates; and

(c) any other matter arising out of the dispute

shall be paid by such of the parties as the surveyor or surveyors making the
award determine.

(14) Where the surveyors appointed by the parties make an award the surveyors
40shall serve it forthwith on the parties.

(15) Where an award is made by the third surveyor—

(a) he shall, after payment of the costs of the award, serve it forthwith on
the parties or their appointed surveyors; and

(b) if it is served on their appointed surveyors, they shall serve it forthwith
45on the parties.

(16) The award shall be conclusive and shall not except as provided by this section
be questioned in any court.

(17) Either of the parties to the dispute may, within the period of fourteen days
beginning with the day on which an award made under this section is served
on him, appeal to the county court against the award and the county court
may—

(a) 5rescind the award or modify it in such manner as the court thinks fit;
and

(b) make such order as to costs as the court thinks fit.

(18) The parties may, at any time during the course of the procedure set out in this
section, agree in writing to stay the procedure for an agreed period in order to
10refer the dispute to mediation.

6 Expenses

(1) Except as provided under this section expenses of work under this Act shall be
defrayed by the adjoining land owners in equal shares.

(2) Any dispute as to responsibility for expenses shall be settled as provided in
15section 5.

(3) Where any adjoining premises are laid open in exercise of the right mentioned
in section 5(10)(c) or 5(12)(a) a fair allowance in respect of disturbance and
inconvenience shall be paid by the trespassing owner to the adjoining owner
or occupier.

7 20Security for expenses

An adjoining owner may serve a notice requiring a trespassing land owner
before he begins any work required to be carried out under an award made
under this Act to give such security as may be agreed between the owners or
in the event of dispute determined in accordance with section 5.

8 25Account for work carried out

(1) Within the period of two months beginning with the day of the completion of
any work executed by a land owner of which the expenses are to be wholly or
partially defrayed by a trespassing land owner in accordance with section
5(12)(a) the land owner shall serve on the trespassing owner an account in
30writing showing—

(a) particulars and expenses of the work; and

(b) any deductions to which the trespassing owner or any other person is
entitled in respect of old materials or otherwise;

and in preparing the account the work shall be estimated and valued at fair
35average rates and prices according to the nature of the work, the locality and
the cost of labour and materials prevailing at the time when the work is
executed.

(2) Within the period of one month beginning with the day of service of the said
account the trespassing owner may serve on the land owner a notice stating
40any objection he may have thereto and thereupon a dispute shall be deemed to
have arisen between the parties.

(3) If within that period of one month the trespassing owner does not serve notice
under subsection (2) he shall be deemed to have no objection to the account.

9 Settlement of account

(1) All expenses to be defrayed by a trespassing owner in accordance with an
account served under section 8 shall be paid by the adjoining owner.

(2) Until any trespassing owner pays to the land owner such expenses as aforesaid
5the property in any works executed under this Act to which the expenses relate
shall be vested solely in the land owner.

10 Service of notices etc

(1) A notice or other document required or authorised to be served under this Act
may be served on a person—

(a) 10by delivering it to him in person;

(b) by sending it by post to him at his usual or last-known residence or
place of business in the United Kingdom; or

(c) in the case of a body corporate, by delivering it to the secretary or clerk
of the body corporate at its registered or principal office or sending it
15by post to the secretary or clerk of that body corporate at that office.

(2) In the case of a notice or other document required or authorised to be served
under this Act on a person as owner of premises, it may alternatively be served
by—

(a) addressing it “the owner” of the premises (naming them), and

(b) 20delivering it to a person on the premises or, if no person to whom it can
be delivered is found there, fixing it to a conspicuous part of the
premises.

11 Offences

(1) If—

(a) 25an occupier of land or premises refuses to permit a person to do
anything which he is entitled to do with regard to the land or premises
under section 5(12)(a); and

(b) the occupier knows or has reasonable cause to believe that the person
is so entitled,

30the occupier is guilty of an offence.

(2) If—

(a) a person hinders or obstructs a person in attempting to do anything
which he is entitled to do with regard to land or premises under section
5(12)(a); and

(b) 35the first-mentioned person knows or has reasonable cause to believe
that the other person is so entitled,

the first-mentioned person is guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) is liable on summary
conviction to a fine of an amount not exceeding level 3 on the standard scale.

12 40Recovery of sums

Any sum payable in pursuance of this Act (otherwise than by way of fine) shall
be recoverable summarily as a civil debt.

13 Exception in case of Inns of Court

(1) This Act shall not apply to land which is situated in inner London and in which
there is an interest belonging to—

(a) the Honourable Society of the Inner Temple,

(b) 5the Honourable Society of the Middle Temple,

(c) the Honourable Society of Lincoln’s Inn, or

(d) the Honourable Society of Gray’s Inn.

(2) The reference in subsection (1) to inner London is to Greater London other than
the outer London boroughs.

14 10The Crown

(1) This Act shall apply to land in which there is—

(a) an interest belonging to Her Majesty in right of the Crown,

(b) an interest belonging to a government department, or

(c) an interest held in trust for Her Majesty for the purposes of any such
15department.

(2) This Act shall apply to—

(a) land which is vested in, but not occupied by, Her Majesty in right of the
Duchy of Lancaster;

(b) land which is vested in, but not occupied by, the possessor for the time
20being of the Duchy of Cornwall.

15 Interpretation

In this Act, unless the context otherwise requires, the following expressions
have the meanings hereby respectively assigned to them—

• “adjoining owner” and “adjoining occupier” respectively mean any
  25owner and any occupier of land, buildings, storeys or rooms adjoining
  those of the land owner;

• “appointing officer” means the person appointed under this Act by the
  local authority to make such appointments as are required under
  section 5(8);

• 30“land owner” means an owner of land who is desirous of exercising rights
  under this Act;

• “owner” includes—

  (a)

  a person in receipt of, or entitled to receive, the whole or part of
  the rents or profits of land;

  (b)

  35a person in possession of land, otherwise than as a mortgagee or
  as a tenant from year to year or for a lesser term or as a tenant at
  will;

  (c)

  a purchaser of an interest in land under a contract for purchase
  or under an agreement for a lease, otherwise than under an
  40agreement for a tenancy from year to year or for a lesser term;

• “surveyor” means any person not being a party to the matter appointed
  or selected under section 5 to determine disputes in accordance with
  the procedures set out in this Act.

16 Other statutory provisions

(1) The Secretary of State may by order amend or repeal any provision of a private
or local Act passed before or in the same session as this Act, if it appears to him
necessary or expedient to do so in consequence of this Act.

(2)
5(2) An order under subsection (1) may—

(a) contain such savings or transitional provisions as the Secretary of State
thinks fit;

(b) make different provision for different purposes.

(3) The power to make an order under subsection (1) shall be exercisable by
10statutory instrument subject to annulment in pursuance of a resolution of
either House of Parliament.

17 Short title, commencement and extent

(1) This Act may be cited as the Property Boundaries (Resolution of Disputes) Act
2012.

(2) 15This Act shall come into force in accordance with provision made by the
Secretary of State by order made by statutory instrument.

(3) An order under subsection (2) may—

(a) contain such savings or transitional provisions as the Secretary of State
thinks fit;

(b) 20make different provision for different purposes.

(4) This Act extends to England and Wales only.