Property Boundaries (Resolution of Disputes) Bill [HL] — House of Lords, 2015-09-11
Topic: Housing
Rachel Trixie Anne Gardner (Conservative, Centre-right): My Lords, I declare at the outset my property interests, which are in the register I support the Bill for two reasons. One is that I think it is a very positive and good idea, and I like what is in it. The second is that I have huge respect for the noble Earl, Lord Lytton, and his expertise in this field. I am a qualified dentist but I am not a qualified anything in terms of property, other than having experience of being a sufferer of people who argue about something and then it ends up in court. I found myself in a situation where, although the case was withdrawn and ruled to be completely out of order, my legal bills simply to have the case withdrawn and have it vanish from the list were horrendous Therefore, I support something that is practical and easy to operate, as well as being a system in which the public can have confidence, as I believe they can as there is a parallel with the party-wall procedures. I have never had any problem with party-wall procedures; I have found them very effective. I think that this country is tending more and more to push out smaller self-help systems in favour of putting us all into court. I am very opposed to that. The leasehold valuation tribunal, where you could take your case and you were told that it would not cost you more than £500, was thrown out. Now, it costs you much more than that even for an appearance. I understand that employment law has gone the same way in that you can no longer handle cases yourself. I think that there are many very good things about people being able to deal with their own cases with the benefit of help from someone such as a qualified surveyor, who is well qualified and understands the process. I believe that the public in general would be relieved to know where to go to get this sort of advice. The party-wall system is well known, and something similar, as proposed in the Bill, would definitely have a very good effect I am also delighted to speak after the noble Earl, Lord Kinnoull, because I served with his father for many years on the Woolwich Building Society board. I held him in very high regard, and I hope and trust that his successor has the same ability. From the sound of it, that seems very likely, and I hope that we will hear more from the noble Earl I like the fact that the Bill proposes the establishment of clear and simple processes. They can be understood by ordinary people in the street or by a neighbour who has a boundary issue with you. The noble Earl, Lord Lytton, mentioned that people are terrified of getting involved in something where the costs are unlimited. People can even find themselves losing their properties after they have taken on a legal challenge. Qualified surveyors are respected and valued I think it was mentioned that there would be a code of practice, and I feel that that would be very important. Of course, the Government and Members of this House will probably have an opportunity to look at any code of practice that goes with the Bill, and it will be important to consider it in detail. However, it is the sort of thing that people are used to. They like to know that there are procedures that they can follow and understand. Technical procedures have a complexity, which the noble Earl mentioned, and therefore you need to know where to go to get the right advice. I stress that I very much support non-judicial means that work. If they do not work, you can find yourself in an expensive situation. However, by that time, you will know a little more about the situation and might be more willing to agree to something. I certainly believe that to be the case I do not intend to go on at great length because the issue is clear-cut and the proposal is good. The case has been presented in great detail by the noble Earl, Lord Lytton. It is worrying that every politician seems to be pushing the public more and more into litigation. Instead, simple procedures such as that proposed would avoid much of that. It would also do away with the acrimony which it is terribly sad to see develop between people who have been neighbours for years, and have got along well; suddenly there is bitterness, which is not forgotten and lives on I strongly support the Bill. I will not go on any more because everything that needs to be said has and will be said here today.