Summary: The Ombudsman will not investigate this complaint about the maintenance of a grass verge and the complainant’s wish to acquire adverse ownership of the verge. This is because there is insufficient evidence of fault by the Council and because the complainant needs to complain to other organisations.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has not maintained the grass verge outside his home for at least 12 years. Mr X wants the Council to give him the land through adverse possession.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of management companies. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I read the complaint and the Council’s response. I considered comments Mr X made in response to a draft of this decision.

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What I found

Adverse possession

5. Adverse possession is a process of acquiring land that does not belong to the applicant. The applicant must apply to the Land Registry if they feel they meet the legal requirements to acquire the land.

What happened

6. Mr X complained to the Council about a failure to cut the grass verge outside his home. He explained that for at least 12 years he has cut the grass and taken responsibility for its general maintenance. Mr X says there are some concrete blocks in the grass which damaged his lawnmower. Mr X said he wanted to acquire the land through adverse possession.
7. In response, the Council explained that the grass verge is part of the public highway and Mr X cannot acquire it through adverse possession. The Council explained that the status of a highway can only be changed through the Town and Country Planning Act or The Highways Act. The Council said Mr X could apply for a licence to allow him to use the grass verge. Without a licence Mr X is not permitted to cut the grass or do any other maintenance. The Council will not compensate Mr X for any damage because he does not have permission to cut the grass.
8. The Council explained that a different council was responsible for cutting the grass. It cuts the grass between February/March and October. The Council said Mr X could complain to that council. However, it also said that the other council had reported that it had attended to cut the grass but there was nothing to cut. This is consistent with Mr X’s report that he has been cutting the grass. Mr X has reiterated that the other council does not cut the grass. He also says the management company fails to cut his grass.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has explained why Mr X cannot acquire the land through adverse possession. If Mr X disagrees he would need to take legal advice or make an application to the Land Registry. The Ombudsman cannot tell the Council to give part of the public highway to Mr X. If Mr X contacts the Land Registry there is no guarantee he will get the outcome he hopes for.
10. The Council does not provide the grass cutting service but it has explained that when the contractor for the other council has attended there has been nothing to cut. If Mr X stopped cutting the grass the responsible council would be able to provide the service. Mr X would need to complain to the other council.
11. Mr X says the management company does not cut the grass. He also says the boundary studs are not in the correct provision. I cannot comment on this because the management company is not acting on behalf of any council. In addition, the studs were laid by the developer, not by the Council.
12. Mr X wants compensation for damage caused to his mower by blocks in the grass. However, as Mr X has been cutting the grass without having consent to do work to the public highway, then there is no suggestion of fault in the Council’s decision not to pay compensation. If Mr X disagrees he could make a claim on the Council’s insurance. I do not know if the Council’s insurers would accept the claim.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council. In addition, I cannot investigate the management company and Mr X would need to complain to the council responsible for the grass cutting.

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Investigator's decision on behalf of the Ombudsman