Summary: We will not investigate this complaint about the Council’s failure to include the correct boundary locations in a property which he is selling. We cannot determine legal disputes related to property conveyance. The courts are better placed to do this.

The complaint

1. Ms X complained about the Council’s failure to include accurate plans showing the extent of the property she is selling when it completed the original Right to Buy sale in 1982. As a result, her sale was delayed and she incurred legal charges of £750 for the Council’s fees for making searches on the original sale.

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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 the information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says the Council failed to properly draw up boundaries of the house she bought when it sold the house originally in 1982. She says her front garden was not included within the plan and that this has resulted in the Council having to rectify the error to regularise the original transfer. The Council has changed the deed without cost but has charged £750 legal costs for the amendment. She says she should not have to pay for the Council’s error.
6. The Council says the original purchaser’s solicitors acting under the Right to Buy procedure were responsible for ensuring that the conveyance was accurately represented to their client at the time. Since 1982 the property has bene resold more than once and when Ms X bought it her own solicitors should have identified any discrepancies in the conveyance at the time.
7. We will not investigate this complaint which concerns the details of a legal contract. The Council was asked to provide information about the original sale and amend the transfer. The Council has had no direct involvement with either the purchase of the property by Ms X or her current sale because she bought the property from a private vendor. It is reasonable for it to seek re-imbursement for the provision of legal service related to a private sale.
8. If Ms X believes the Council has been negligent, she would need to seek a remedy in the courts as negligence is a legal tort and not aa statutory matter.

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Final decision

9. We will not investigate this complaint about the Council’s failure to include the correct boundary locations in a property which he is selling. We cannot determine legal disputes related to property conveyance. The courts are better placed to do this.

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Investigator's decision on behalf of the Ombudsman