Summary: We will not investigate Mr X’s complaint about who owns a piece of land. This is because the Ombudsman cannot decide the legal ownership of land. It would be reasonable for Mr X to ask the courts to decide who owns the land.

The complaint

1. Mr X says the Council is using a piece of land next to his home, that belongs to him. He wants the Council to agreed it is his land, and ensure he is the legal owner.

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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 considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Assessment

5. Mr X says the Council is wrongly using a piece of land that belongs to him. He says that historic documents show the land is part of his property. The Council disputes this.
6. The Ombudsman cannot decide on the legal ownership of land, or where the correct boundaries should be. This is a matter for the courts and it is reasonable for Mr X to ask the court to decide who the land belongs to.

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Final decision

7. We will not investigate Mr X’s complaint because it would be reasonable for Mr X to take his case to court.

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Investigator's decision on behalf of the Ombudsman