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.