The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council authorising highway infrastructure works on land which Mrs X claims is inside her property boundary. We cannot determine boundary disputes and only the courts could provide a legal remedy if Mrs X wishes to challenge the extent of the highway boundary.
The complaint
Mrs X complained about the Council allowing service providers to dig a trench across her driveway and land which she claims is inside her private boundary. Shew wants the Council to re-surface her drive because of the scarring to the tarmac and to compensate her. She also wants the Council to show her where the legal boundary between highway land and her own lies.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered the information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says in early 2024 workmen from a service provider dug a trench across her driveway and later backfilled it causing scarring to the tarmac. She complained to the Council and it advised her that it had permitted the work to be carried out within the highway boundary and that there were other service trenches present in her own and neighbouring driveways.
Mrs X says she believes the driveway to be her land and that the Council should now re-surface it because it is unsightly. She made a formal complaint to the Council and it provided information which it says shows the highway boundary includes the grass verge and driveway up to the boundary wall/hedge line. It explained to her that highway rights can exist over private land and that the highway boundary subverts any other claims in terms of what work or infrastructure can be placed in or on it.
We cannot determine disputes about land ownership and boundaries. The Council has given Mrs X its view of where the highway boundary lies with it own legal team’s evidence. If she wishes to contest this only the courts can provide a legal remedy.
Final decision
We will not investigate this complaint about the Council authorising highway infrastructure works on land which Mrs X claims is inside her property boundary. We cannot determine boundary disputes and only the courts could provide a legal remedy if Mrs X wishes to challenge the extent of the highway boundary.
Investigator's decision on behalf of the Ombudsman