They have granted me permission to carry out the repairs at my expense. There is a boundary dispute with the company although not a formal one. I believe that my boundary is about 2 feet from the side of my house but they say my house wall is the boundary. My house is not registered with Land Registry and was built about 1840 so the deeds do not include a precise description. Likewise their deeds do not give precise measurements. If I put the trellis within the disputed 2 feet, it will reduce my access for maintenance purposes and restrict the natural light in my window.
I have concerns about putting the new trellis on what I believe is my land because:
1. it may well open up the boundary dispute issue and I would not want to start incurring legal or other costs in fighting my corner;
2. the management company may either remove my new fence on the grounds that it is on their property or "accidently" damage it.
If we assume for the moment that the position of the management company (ie they want to own the new trellis) is driven by genuine even if not valid legal concerns, is there anything I can say that will reassure them? I've tried saying that I am not making any claim to the land on which the replacement trellis will be sited but it hasn't had a positive impact .Is there anything-else?
Yes thank you.
Thanks for your advice. A few more questions.
1. Are you suggesting that I pay for the replacement trellis to be placed on their land or on the disputed land? If the former, how can I be reasonably confident that they will not remove the new trellis in a few years time as part of revamping the landscaped area if I have given them control?
2. What happens if they damage the new trellis if it is on the disputed land?
3. I have already done a Search of the Index Map at the Land Registry for the strip of adjacent land and it shows a thick red line by the side of my house. No measurements so it doesn't help.
What are the benefits of me registering my property now?
I will have a look at this tonight if thats OK?