Summary: We will not exercise discretion to investigate this complaint about the Council’s involvement in the sale of land which Mr X says included land in the conveyance which it did not own. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to properly identify the boundary of land which he purchased in 2022. He says that the Council included a strip of boundary land which may have been in third party ownership and did not resolve this before completion of the purchase as he was led to believe. This resulted in him paying an additional £10,000 plus costs to confirm his ownership title.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X purchased a property with land in 2022. He says the Council was aware that there may be disputed land within the sale but that it assured him this would be resolved or the price would be lowered. The Council disputes this and says the land was sold according to the registered title but that there is a discrepancy in the historical plans for the site. It did not agree to lower the price. The Council says it was a matter for Mr X’s solicitor to give him advice on whether or not to proceed with the exchange of contracts.
6. It is clear that Mr X was aware of the issue of disputed land within the sale in 2022 and he had legal representation. The conveyance of the sale was a legal matter and any matters arising needed to be resolved to the satisfaction of the purchaser at the time. This took place outside the 12-month period for making complaints to us and there is no evidence to suggest that Mr X could not have complained to us sooner.
7. However, even if Mr X had complained to us at the time we could not resolve legal disputes about the sale once contracts had been exchanged. Only the courts can determine contractual disputes.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s involvement in the sale of land which Mr X says included land in the conveyance which it did not own. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman