How should we advise this parish council?

A parish council wishes to erect a bus shelter on a grass verge adjacent to the side boundary fence of a private property. The residents of the property said that they owned the grass verge but the Land Registry title map clearly shows that their boundary stops at the fence. The residents still maintain that they own the grass verge but are unable to provide any evidence. The residents have applied for a caution against first registration at Land Registry and have installed a fence around the verge. The Parish Council has no wish to own the grass verge just erect a bus shelter for the benefit of the residents. There is a tall fence and trees dividing the private land and the grass verge. How should the parish council proceed?

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Charlie Cattell is a specialist in legal and governance matters relating to social enterprises, charities and voluntary organisations, assisting a wide range of groups with legal structures, organisational management, and regulatory issues.