Wednesday, August 20, 2008

Mitigation

Posted by Thomas whilst Trevor is on holiday.

It's a maxim of law that it's a land owners responsibility to mitigate the impact of anything they do with their land on any adjoining land. For example, if a neighbour decided to lower the level of their land it's clearly their responsibility to mitigate any land level changes. They cannot legally force, or morally expect, an adjoining land owner to accommodate their new land level.

However, this is exactly what the highway authority has been trying to do with Trevor since 1997. They want to increase the land levels on their land but in order to save money they don't want to accommodate these changes on their own land they prefer instead to shuffle their self created difficulties onto Trevor by intimidating him with legal threats into accepting their plans without demur. It was their first threat during 1997 that led to his first complaint to the Local Government Ombudsman and their attempt to carry out the works in 2001 that led to his second complaint to the Local Government Ombudsman. Anne Seex has now put Trevor back into the position he was in during 1997 and solely reliant on his legal and human rights.

Ironically Anne Seex has done Trevor a favour because now he can focus on the impending legal and human rights case without being distracted any further by the corrupt LGO system.

Thomas, Public Service Ombudsman Watchers.

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