Summary: We will not investigate this complaint about the Council’s claim that part of Mr X’s property boundary falls within the adopted highway boundary. It is reasonable for Mr X to seek a legal remedy in the courts and we cannot determine title disputes about property boundaries.

The complaint

1. Mr X complained about the Council’s claim that part of the boundary of his property forms the adopted highway verge following his removal of a hedge. He says the Council has referred to evidence supporting the claim but it has not disclosed this to him.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 the complainant and the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he disputes the Council’s claim that part of his boundary where he removed a hedge lies within the adopted highway boundary. He was told that he would need to apply for planning permission to erect any other boundary fence and he believes the doubt surrounding the boundary location affects his property value. The Council has referred to evidence which supports its claim about the extent of the highway but he has not been shown any of this.
7. We will not investigate this complaint which concerns a dispute about a private boundary and the public highway. We cannot determine civil matters and Mr X has requested disclosure of the documents by way of a freedom of Information request. Highway boundaries are complex legal matters and can overrule private boundary claims. If Mr X remains dissatisfied with the Council’s response he would need to seek legal advice.

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Final decision

8. We will not investigate this complaint about the Council’s claim that part of Mr X’s property boundary falls within the adopted highway boundary. It is reasonable for Mr X to seek a legal remedy in the courts and we cannot determine title disputes about property boundaries.

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Investigator's decision on behalf of the Ombudsman