Investigation Report 200401690

  • Report no:
    200401690
  • Date:
    October 2006
  • Body:
    Fife Council
  • Sector:
    Local Government

Overview

The complaint from Mr C arose from a dispute over whether a servitude right of access existed for a plot acquired over land purchased in 1986 by Fife Council's predecessor.  Notwithstanding that the dispute arose over a legal issue, there were shortcomings by Fife Council.

Specific complaints and conclusions

The complaints from Mr C that I have investigated are that:

  • (a)  Fife Council delayed unduly between 4 March 2002 and October 2003 in applying to the Keeper for a rectification of Mr C's title to the Plot (upheld); and
  • (b)  the Council failed to take the legal action as suggested by the Keeper to declare the servitude extinguished (not upheld).

Redress and recommendations

The Ombudsman recommends that the Council:

  • (i)  apologise to Mr C for the identified delay; and
  • (ii)  make a payment of £500 to him.

Updated: December 11, 2018