A QUEST to save a unique ancient monument appears to have hit an obstacle.

Despite painstaking research, it has been impossible to confirm who owns the crumbling Over Cross monument on Delamere Street in Winsford, councillors were told at a Town Council meeting on Monday.

The cross was built in the 19th century and includes a lock-up where people who cheated, robbed or were drunk at the market could be held awaiting trial.

The concrete cross sits on top of nine steps beside Over St John's CE Primary School, which was a market before Lord Delamere converted the building into a school.

Town councillors say they are concerned about the state of the structure but can't take remedial action because it doesn't belong to them.

Cheshire West and Chester Council has undertaken investigative work to look at the ownership, structural condition and options for repair of the Grade II listed building.

The structure has been examined by CWAC's Total Environment team.

A report presented to the Town Council stated: "The condition of the structure itself is in a reasonable condition in terms of the stonework and general state of repair.

"However, it is also experiencing serious displacement at the south-east corner from the adjacent tree, which by lifting and displacing the stones closest to it is having a knock-on effect across the evaluation in terms of step alignment and failure of mortar joints.

"If left unaddressed this issue will continue to worsen and the level of damage will increase with the eventual failure of the structure."

Cllr Charlie Parkinson said: "What concerns me is that a lot of children are climbing on it every day, eventually it is going to go."

When he raised the issue last year he told councillors: "Anybody who has been there can see it's falling to pieces at the right hand side at the bottom. It's obviously a problem with the root of the tree. We are trying to preserve what is left."

He suggested moving the cross to a more suitable location.

Town clerk Mark Bailey told councillors that no evidence has been found to prove that ownership of the cross was handed over to the Town Council.

An archivist found reference to a letter dated February 5, 1974, from the chief executive of Vale Royal District Council which set out a resolution to transfer property to subsequent parish councils but was not included in the minutes and cannot be found.

The implication is that everything was transferred from Winsford Urban District Council to Vale Royal and certain properties were then handed over to Winsford Town Council

Mr Bailey said: "If we can't find any evidence we need to get clarity over ownership.

"The community is very concerned about this building."

A built environment officer in conservation and design said there is no obligation on CWAC to maintain the cross as it is not the landowner. However the local authority does have the statutory power to enable it to intervene to protect the structure if it was in a poor state of repair and dangerous.

Cllr Mike Kennedy said: "Youths are clambering on it all the while. We don't own it but something has got to be done. We view the matter as urgent."

Town mayor Cllr Gina Lewis said: "When they looked at the structure it wasn't a full survey. The way forward is further investigation."

Councillors decided to work in partnership with CWAC and other key stakeholders to find a community focussed solution to secure the long term viability of the building.