Okehampton Town Council has received confirmation this week that it can legally contribute to the cost of filling in potholes on the Okehampton cemetery access road.

Following this confirmation, the council agreed on Monday (March 21) that it would contribute a third of the repair cost but would not accept liability or responsibility for any injuries or problems on the road following completion of the repair work.

Despite many complaints about the state of the cemetery access road, the town council has been reluctant to initiate any repair work to the road due to uncertainties over the ownership of the land through which the road passes.

Due to its proximity to Okehampton’s church, it was proposed that the road and surrounding land might belong to it. But if so, the council would be forbidden from resolving the situation due to an ancient law that forbids councils interfering in church business.

However, legal advice from the National Association of Local Councils, which supports the thousands of local councils across England, confirmed that since the road also gave access to other properties and the council’s cemetery, the council could contribute towards the road’s repairs.

The council is still making enquiries into the ownership of the land and has contacted property solicitors and consulted old property deeds to try and determine the owner. It is currently awaiting responses to its questions.

As yet, the council has not placed an order for the work due to insurance limitations.