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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Would you please define the boundary of the land under the

Resolved Question:

Would you please define the boundary of the land under the control of Brookscroft Management Limited one of the management companies at Forestdale, Croydon? the property plots are shown on their web site but it is not clear wher the BML boundary is.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Are you a tenant in an apartment/flat on their site? Are they the management company?

Customer:

I am the owner of a bungalow and they are the management company. I believe that they have fenced around land that does not belong to the Mgt. Co. and have used our money to do it with!

tdlawyer :

Okay. So you have a lease. Are the a party to the lease?

tdlawyer :

*they* a party to the lease?

Customer:

I do not have a lease;all of the properties are freehold. The Mgt Co. are elected by the freeholders under a trust deed to repair and maintain the area which I assume is that shown in Green on the document on their web site

tdlawyer :

I see. Okay. Forget their website - it's not a legal document, and it shouldn't be relief upon. If you need to know the boundary for legal reasons, you need reliable documents.

tdlawyer :

You need a copy of the Trust Deed that appoints them, and gives them their specific powers, as this is the only authoritative document.

tdlawyer :

Unless the document on the website is a scan of the original trust deed, of course?

Customer:

The trust deed on their web site is I assume the original document as the document with my deeds has exactly the same wording

tdlawyer :

Okay. What is their website address, how do I get to the document?

Customer:

I just clicked onto Brookscroft Management Limited but you may find it at www.galet.freeserve.co.uk/

tdlawyer :

Okay - I see it. What can I tell you about it that you need to know?

Customer:

Does the boundary of the land under the control of BML extend beyond that shown in green on the plan showing the plots? If so where is the boundary?

tdlawyer :

Can I just add something .... the map in the Brookscroft Map section IS NOT necessarily the map attached to the Deeds.

tdlawyer :

If you look at recital 2, for example, it refers to the plan having a thick black line.

tdlawyer :

Around the green parts.

tdlawyer :

BUT ... the plan in the pictures section on the website does not show a thick black line.

Customer:

So where and how do I find the document that will show the land within the control of BML ?

tdlawyer :

Realistically, you need to get the plan from the trustees, from the actual trust deed.

tdlawyer :

I've seen this happen before, where people work off what are on websites, only to find it's not the actual document that should be legally working from!

tdlawyer :

But, you are a property owner, and as such, a beneficiary.

tdlawyer :

This means that, in accordance with principles set out by the court in Schmidt -v- Rosewood (2003), you are entitled to copies of the trust documentation/plans etc.

tdlawyer :

They cannot refuse to provide these to you.

tdlawyer :

It seems to me that when you get that plan, it's the land in the black boundary lines that the Estate has the power to deal with (subject, of course, the it actually owning that land - which you should check by looking at the title deeds to the land too).

tdlawyer :

Again, they are obliged to give you copies of these.

Customer:

Would I be able to get the document from Land Registry?

tdlawyer :

Yes, you should be able to. You need to do an index map search, which would identify the title numbers of the other plats of land within a certain area that you mark out on a map. If you use the map from the deed of trust, then you can find out exactly what properties are owned by other people. An index map search is usually free to do, too.

tdlawyer :

Here is more detail and links to make the search: http://www.landregistry.gov.uk/public/faqs/what-is-a-search-of-the-index-map

Customer:

Thank you. I think you have earned your fee!!!

tdlawyer :

Lol :) Thank you! Don't feel that you can't ask more questions, you can, I enjoy helping! Or if you want more information afterwards, just let me know!

tdlawyer :

Is that okay?

tdlawyer :

Is there anything else you would like me to answer for you?

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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