Land charge error

Archived press release

Date Published: 10/07/08

Cherwell District Council wrongly placed a couple’s property on the Land Charges Register, having failed to make further enquiries to establish the relationship of the relevant buildings.

Cherwell District Council wrongly placed a couple’s property on the Land Charges Register, finds the Local Government Ombudsman, Jerry White. In his report, issued today (10 July 2008), he says the circumstances of the case were complicated, commenting “It was imperative that the Council made further enquiries to establish the relationship of the buildings...”. It failed to do so. As a result, the couple reasonably incurred costs from obtaining professional advice to protect their interests.

‘Mr and Mrs Murray’ (not their real names for legal reasons) complain about the Council’s decision that their properties were in the curtilage of a listed building, and to place a Part 10 Local Land Charges listed building entry in the Land Charges Register. 

The investigation found that the charge was not properly made as officers failed to apply the tests set out in Government guidance and relied upon inadequate evidence in determining that the properties were curtilage listed. The Council’s failure to notify Mr and Mrs Murray that the charge had been placed was also maladministration. The Murrays incurred significant costs in taking professional advice to protect their interests. 

The Ombudsman finds maladministration causing injustice and recommends that the Council:

• pays compensation of £10,000 to Mr and Mrs Murray; and
• reviews all Part 10 charges that were placed on the Land Charges Register without reference to the property owners.

Report ref 06B17474