Summary: Mr X complained about the Council’s refusal to accept his claim of adverse possession of public highway land. The Ombudsman should not investigate this complaint. This is because it concerns a dispute land ownership which can only be determined by the courts.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council has rejected his claim for adverse possession of a piece of former highway land on which he has built a shed which he lives in. He is concerned that he will be evicted in due course.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X says he has occupied an area of former trunk road which has been disused for some time following road re-alignment. He has built a temporary home on the land and claimed adverse possession of the land from the highway authority. He says the Council has refused his request to obtain title of the land and is concerned that his structure may be demolished in future.
5. The Council says that the land is still highway land and will be retained for future use by the authority. Case law has determined in recent years that adverse possession cannot apply to public highway land.
6. The Ombudsman will not investigate this complaint. Mr X is making a legal claim to the land and only the courts can decide land ownership.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because it concerns a dispute land ownership which can only be determined by the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman