Summary: Mr X complains about the Council’s consideration of their covenant powers in relation to his land. We will not investigate this complaint because the matter is out of time and there is a private remedy.

The complaint

1. Mr X complains about the Council’s consideration of their covenant powers in relation to his land.

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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 information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Mr X bought his home in 1987. He says that neighbours are encroaching on his land and the Council should enforce a covenant which prevents this.
7. Mr X was aware of this matter in 2013 but chose not to complain to this office. I see no good reason why he could not have done so and the matter is therefore out of jurisdiction.
8. Any dispute about encroachment on land is a private matter between the land owners and enforceable in court.

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Final decision

9. I do not intend to investigate this complaint because the matter is out of time and there is a private legal remedy.

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Investigator's decision on behalf of the Ombudsman