Dear Sir or Madam,

there was a pathway laid over the grass verge that runs alongside
properties 99 to 105 Mackenzie Rd Leasowe.Permission was given for
a owner occupier to do this in 1997 when the verge belonged to
Wirral Borough Council.

In 1999 the verge was transfered along with the housing stock to
Leasowe Community Homes.

What documentation would have been transfered to Leasowe Community
Homes to ensure that they were aware that an alteration had been
made to the verge and that permission had been sought to make the
alteration.

Yours faithfully,

P.M. GALLAGHER

Good Afternoon,
Thank you for your FOI query detailed below. The grass verge in
question was not transferred along with the housing stock to Leasowe
Community Homes and indeed still belongs to the Council. Therefore no
documentation would have been transferred to Leasowe Community Homes. I
hope you find this information of use.
Kind Regards
Jane Corrin
Information Manager
Wirral Council

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Dear InfoMgr, FinDMT,

I obtained land registry documents back in 2006 which show the
grass verge as belonging to Leasowe Community Homes(land registry
title number MS413449).Is the information that you have given me
correct.The verge that I am talking about is the verge directly
outside the terrace of houses 99 to 105 Mackenzie Road.

LCH claim to me that the verge belongs to them, and as far as I am
aware it is them that maintain it by cutting the grass etc.

Could you please confirm that the information you gave me is
correct and if it is not correct could you please tell me what
documentation would have been given to LCH on transfer of the verge
to them in 1999 to make them aware that permission had been sought
for the laying of a pathway across the verge outside the property
101.

Yours sincerely,

P.M. GALLAGHER.

Good Afternoon,
I have been back to my colleague who dealt with this query for me
originally and he has checked his database which shows clearly that the
Grass Verge does still belong to the Council. However, he then went and
rechecked the information with Asset Management and they have confirmed
that you are in deed correct, and our database had not been updated with
the information that the grass verge had transferred to LCH. Thank you
for bringing this to our attention and we are amending our records so
any future queries can be answered correctly.

However, as far as Wirral Council are aware, no paperwork would have
transferred to LCH regarding the transfer of the grass verge. It is not
our usual policy to produce paperwork for the transfer of a grass verge.
I would therefore recommend that you contact LCH directly and ask them
if they have any documentation regarding the transfer.
Kind Regards
Jane Corrin
Information Manager
Wirral Council

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Dear InfoMgr, FinDMT,

Thank you for your second reply regarding the verge.

I have a copy of letter from Wirral Borough Council ( 14th february
1997 ref H/LEAS/NK) which gave me permission to lay a path over
this verge which I did do.

I appreciate the fact that you state that no documentation would
have been transfered as it was merely a verge, but surely to avoid
any future dispute such a letter would have been kept on file and
transfered along with all other office documents relevent to the
management of these areas of verge as it was a structual alteration
to the land.

I am at present involved in court action with Leasowe Community
Homes so it is unlikely that they would readily admit that they had
any relevent documentation.

I as indeed you were not aware that this verge belonged to LCH
untill 2006 so in 1999 did not think to make sure that LCH were
aware of the permission to have a path laid over it.

Are you able to tell me whether or not WBC would have envisaged
that LCH should have been able to simply remove this pathway for no
apparent reason inspite of the letter of permission and by the fact
that it was publicly owned land at the time of permission which as
a tax payer I had an interest in.

Yours sincerely,

P.M. GALLAGHER.

Dear InfoMgr, FinDMT,

I am terribly sorry to bother you again regarding the grass verge
outside properties 99-107 mackenzie road leasowe.

On the land registry entries (title number ms413449) it shows that
the semi enclosed area of land from our garden boundries over the
first pavement closest to our properties and on over the verge to
its edge closest to the road ( so not including the public pavement
closest to the road) all belongs to leasowe community homes.I have
recently spoken to a officer from wirral borough council about
another matter and in the course of doing so that officer commented
that that if a claim was made to leasowe community homes for say a
tripping accident that took place on the pavement closest to our
homes then leasowe community homes would in his oppinion allmost
certainly refer the matter to wirral council.

Could you please if possible clarify whether or not this pavement
closest to our homes belongs to leasowe community homes, and also
again could you please state if any documentation would have been
passed to leasow community homes at the time of transfer in 1999.

Thanking you

P.M. GALLAGHER.

Yours sincerely,

Paul Gallagher

Good Afternoon,
Thank you for your email below, I will be in touch with you again
shortly regarding your request.
Kind Regards
Jane Corrin

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Good Morning,
Thank you for your email below. I can confirm that the pavement
closest to your homes does belong to leasowe community homes.
As I have previously advised you, Wirral would not produce paperwork for
the transfer of grass verges but there may be some documentation held by
Leasowe Community Homes regarding the transfer of housing stock in
general, in 1999.

Leasowe Community Homes is not a public body and therefore not covered
by the Freedom of Information Act, but it may be worth you emailing Mary
Quigg who is the managing director, and I have given her details below.
I hope you have found this information of use.
Kind Regards
Jane Corrin

Mary Quigg
Managing Director
[email address]
0151 678 0110 Ext 1598

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