Question

Can Clerk to PC tell someone to remove fence without it first being an Agenda item and discuss at PC Meeting ?

Answer 1

With zero details, it is impossible to answer this question.

Comments

The clerk is best friends with neighbour who has a gripe with us for cutting our hedge ….the following week we get letter from clerk saying we need to remove a fence they believe is on parish council land but when I looked on all agendas and minutes it had not been addressed or discussed before letter came to us. All previous owners of the property have utilised this land for over 74 years with even a building on there at one point ….now suddenly it’s their land ? I feel this has only become an issue because of their relationship with neighbour . I have reported to MO now and if needed will seek ombudsman’s advice too but just wondered if the clerk can write to someone (very patronising letter too) without first being discussed at a meeting with other councillors?

Answer 2

The clerk can tell anyone to remove a fence if they wish, just as i (a mere angry resident) could tell you to remove your fence. You would probably tell me where to go. Without a resolution at a meeting of council they would not be acting on behalf of the council.

However, regardless of this, i am not sure that the Parish Council have any powers to order you to remove a fence anyway.

Comments

The clerk is best friends with neighbour who has a gripe with us for cutting our hedge ….the following week we get letter from clerk saying we need to remove a fence they believe is on parish council land but when I looked on all agendas and minutes it had not been addressed or discussed before letter came to us. All previous owners of the property have utilised this land for over 74 years with even a building on there at one point ….now suddenly it’s their land ? I feel this has only become an issue because of their relationship with neighbour . I have reported to MO now and if needed will seek ombudsman’s advice too but just wondered if the clerk can write to someone (very patronising letter too) without first being discussed at a meeting with other councillors?

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The ombudsman has no jurisdiction over parish councils and the MO is only concerned with complaints against councillors for breaches of the code of conduct.  If the parish council has evidence it owns the land, its possible the clerk is within their role to point this out as doing so will protect the rights of the parish council over the land.

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I’ve gone through minutes of if FPC dating back to when they acquired the land and tried to say this was their land from a previous owner and their own Solicitor told them not to pursue …they pursued the another neighbour saying they were on their land and lost ….the land in question had a workshop / and hardstanding for 2 vehicles relating to the property and on our title plan it shows 2 squares in that area we seem to mean the original workshop and concrete hardstanding as there is nothing here to depict otherwise. We feel we are being discriminated against due to her friendship with neighbour when all other residents of the property used this piece of land

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Maybe write a letter to the councillors (to them personally if you can so you bypass the clerk) politely requesting that they ask the clerk to refrain from contacting you. If the council vote to take the required legal action you look forward to defending your position in court.

If you believe the clerk is acting without the knowledge of the council you can make it a formal complaint about the clerk. The Parish Council would need to investigate this.

Answer 3

You don’t want a registered neighbour dispute since this must be recorded and disclosed if you come to sell
If its your hedge cut as you see fit and ignore the neighbour gripe
Ignore the council clerk too
Neither are worth your time nor trouble
Is the land in question assigned an owner at the land registry?  If so is it you? If it ain’t you it ain’t your land.
If it ain’t the council it ain’t any of their concern either.
File the clerks letter in the bin and carry on about your business

Comments

Hi yes hedge is ours and we ignored neighbour and carried on. The clerk her friend then said land which is showing as being ours on our title plan however PC think it’s theirs as their plan differs ….its been used by previous owners for 74 years so we are being victimised because of her friendship with neighbour

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Have you looked at the 'adverse possession' rules to see if you qualify?

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

Answer 4

Is it on official Parish Council headed paper, would anyone reading it assume the Clerk is acting on behalf of the Council ?