Summary: We will not investigate this complaint about the Council’s refusal to replace a fence which it says is not its responsibility. We cannot determine the ownership of property boundaries. Only the courts can decide such matters.

The complaint

1. Mr and Mrs X complained about the Council’s refusal to replace a boundary fence which they initially were led to believe it was the Council’s responsibility for. Since February 2024, the Council has told them that the fence is not their responsibility under the sale conveyance and that it will not replace it at public expense.

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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 a 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs X own a property which was sold by the Council in 1986 to a previous owner. The boundary fence became rotted in 2020 and they wanted the Council to replace it as it is a boundary with their land. The fence was removed and contractors were involved to obtain a quote for the works. In 2023 further information suggested the fence was jointly the responsibility of the Council and a housing association. Both bodies would be required to agree to the works.
7. In 2024 the Council told Mr and Mrs X that it had studied the conveyance of 1986 when it sold the property and that this confirms the fence is the owner’s responsibility. Mr and Mrs X did not buy their home until 2017 but the conditions of the original sale remain the liability of successor owners. The Council says it will not replace private property at public expense.
8. We cannot investigate complaints about private ownership or boundary issue with public bodies. Only the courts can determine who is legally responsible for property boundaries. It is reasonable for Mr and Mrs X to seek a legal opinion on the ownership of the fence.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to replace a fence which it says is not its responsibility. We cannot determine the ownership of property boundaries. Only the courts can decide such matters.

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Investigator's decision on behalf of the Ombudsman