Wednesday, October 01, 2008

LGO York: Dominant, servient or just downright incompetent? (2)

Further to my previous post LGO York: Dominant, servient or just downright incompetent?

Between 1997 and 2008 Vale Royal Borough Council and Cheshire County Council have continually threatened to modify my right of way without my agreement. What they have been threatening to do is unlawful and also constitutes maladministration.

The York LGO's recent suggestion, that Cheshire County Council does not need my agreement to carry out work on their land is, as most of her conclusions have been in my case, seriously flawed. As owner of the dominant tenement land I am entitled in law to protect my right of way over the servient land. Cheshire County Council would not be able to block my vehicular right of way with a building or a wall so just how is a step any different?

So what is the point of an Ombudsman who doesn't understand the basic issues let alone the law surrounding them. Or even worse one who does understand the issues and the law but prefers to twist or ignore them for the benefit of a council. Either way the York LGO has a lot of explaining to do.

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