Extending back garden onto unadopted road?

Bullykutha

Hello all.

I am wanting to extend my back garden onto the unadopted road that it borders. The unadopted road is more of an alleyway and the parts of the road that border my house are included in the title deeds. Would anybody be able to share their experience or expertise?
Would I be allowed to do this and would I need planning permission?

This is an extract from the title deeds, if any more information is required for you to better help me please do let me know.

Thanks

A: Property Register
This register describes the land and estate comprised in
the title.

1 (17.08.2000) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being 
NOTE: "...the walls on the North and East sides of the said road and
back road respectively" included in the title.
2 (17.08.2000) The land has the benefit of the following rights granted
by a Conveyance of the land in this title dated 21 November 1908 made
between William Verity, Jerome Shuttleworth (Vendors) and Richard
Harker (Purchasers):-

"...And also so far as the Vendors can lawfully grant the same but not
otherwise rights of way at all times hereafter and for all purposes in
common with all other persons entitled to similar rights over and
along...the said back road...And also so far as aforesaid rights at all
times hereafter in common as aforesaid to use the sewers under the
same...back road..."

davidmcn

Assuming we're talking about the land referred to in deed 2, that appears to say only that you have a (non-exclusive) right of way along the road, not that you own it (or do you only own a segment of it?). Does anyone else have a right of way over your bit?

UnderOffer

Who uses the road/alley? Do other properties have access? Can you share the title plan image/map.

bouicca21

Without the title plan it is impossible to say.  But whether or not the alley is part of the property edged in red, there is clearly a RoW.  Is this like the sort of back alley that was designed to give access to the back of the property? Where I use to rent the police liked access to those alleyways to be gated off to deter burglars. In theory the residents had a key to the gate but in reality those keys were long lost or forgotten. I often wondered whether the properties concerned could extend their gardens and simply pay lip service to the RoW by installing gates at either side.

Barny1979

Big question is would your neighbours be affected by this? As expect to pee them off.

greatcrested

Bullykutha said:

"...And also so far as the Vendors can lawfully grant the same but not
otherwise rights of way at all times hereafter and for all purposes in
common with all other persons entitled to similar rights over and
along...the said back road...And also so far as aforesaid rights at all
times hereafter in common as aforesaid to use the sewers under the
same...back road..."

So other peopke have a ROW over the road which you cannot therefore block.

princeofpounds

It appears that other people have a right of way over the alley. You would need to check other deeds to be sure, but it would hardly be surprising and other people are mentioned explicitly in your own deeds.

You cannot interfere with their right of way. Even if it hasn't been used since day 1 it cannot be extinguished. You would lose if anyone decided to launch a legal challenge to stop you. 

Now, in practice, you could try, and get away with it for as long as no-one objects. But in this instance I think it's quite likely that someone else will object. Yours can't be the only property that backs onto the alley and no-one else has chosen to block it.

theoretica

What do you mean by extending your garden?  You can't block off the alley or put a patio table and chairs there.  But you could tidy and plant the edges of it and there is probably no requirement to have a 6 foot wall between it and the rest of your garden if you would prefer something else.

Bullykutha

Hi thanks for your responses. I should have been clearer in saying I will not be blocking off the access for any of my neighbours. They will still be able to pass through as I am only hoping to take up part of the alley.

i hope this helps 

Bullykutha

I would want to knock down the wall on the right side of both pictures and rebuild somewhere on the cobbles allowing enough room for people to pass with wheelie bins etc. I also plan to clean up all the weeds and rubble on the left which will give more room. 

zagubov

OP this looks like a No from the start.