Legal wrangle... over 6ft of land

MEASURING up: Paul Openshaw in the small strip of land the council says is theirs.

A FURIOUS homeowner is entangled in a legal row with Oldham Council — which claims he owes back rent on a piece of his own garden!

Paul Openshaw, of Harry Street, Royton, has been battling council chiefs since June after being told to pay rent on a 6ft-wide patch of land next to his house.

The 38 year old, who has owned the home for more than 12 years, says he hadn’t heard a thing about the land before this year.

But now the authority says the land belongs to the council - and is demanding £180 in surveyor’s fees and £50 a year in rent - on top of the £550 he has already paid a solicitor.

The father of two said: “I bought the house 12 years ago and there was already a fence attaching the land to my property.

“It’s just a small piece of land around 6ft wide. It’s not like it’s a football pitch! But all of a sudden they’re saying they own it and they want rent from me.

“But I’ve never heard anything before and I had all the usual checks carried out before I bought the house. Having to spend that kind of money isn’t great for anyone at any time of year. It’s just ridiculous.”

The land has been fenced into his property for at least 25 years, he says — something his next-door neighbours, who have lived in their home for 57 years, have confirmed.

An investigation by the land registry proved fruitless and Paul now faces having to pay the cost, or to have the fence taken down and rebuilt.

Councillor Dave Hibbert, Cabinet member for housing, transport and planning, said: “Oldham Council is the registered owner of the land and during a recent inspection it was noted there was an encroachment that hadn’t been authorised. We have quoted our standard garden licence rental and hope we can reach an amicable settlement.”


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