Festive closure 

Our office will be closed for the festive period from 25 December 2025 and will reopen on Monday 5 January 2026. Our phone line will close at 11am on 24 December 2025.

You can still submit your complaint via our online form but this will not be processed until we reopen.

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