Summary: We will not investigate this boundary dispute because it is a matter that needs to be resolved in court.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he does not own land at the front of his house. He wants the Council to accept what is stated in his legal documents and reimburse him for items he was forced to remove from the verge.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by Mr X and the Council. This includes the correspondence about the dispute. I also considered our Assessment Code.

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My assessment

5. Mr X placed items on the grass verge at the front of his house. He believes he owns the land and says this is reflected in his legal documents.
6. The Council says the verge is part of the highway and does not belong to Mr X. The Council asked Mr X to remove the items although it invited him to enter into an agreement to plant some vegetation provided there was no impact on public safety. As far as I am aware, Mr X did not enter into an agreement but maintains he owns the land.
7. Mr X has referred to the conduct of the person who sold the property to him and a land dispute he has with a neighbour.
8. I will not start an investigation because we cannot determine land and boundary disputes. It is reasonable for Mr X to take legal action because this is a matter for the courts to decide. The courts have the legal expertise to decide who owns the disputed land – it is not a judgement we can make.
9. We cannot say if Mr X has the right to place items on the verge so there is no basis on which we could ask the Council to reimburse Mr X for the items he removed. If a court decides Mr X owns the land, he could re-visit this claim with the Council.
10. We can only consider the actions of councils or organisations acting directly on behalf of a council. We cannot comment on the actions of the person who sold the property to Mr X or comment on Mr X’s dispute with his neighbour.

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Final decision

11. We will not investigate this complaint because it is a boundary dispute which needs to be determined in court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman