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Extending back garden onto unadopted road?

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  • FtbDreaming
    FtbDreaming Posts: 1,127 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    if my neighbours tried
    what you’re thinking I would not be happy at all and would deffo try to stop it. Can’t see the council allowing it either. 
    Mortgage started August 2020 £69,700
    Mortgage ends Aug 2050 MFW: Aug 2027 
    Current Balance: £58,678
    MFW2020 #156 £723.13
    MFW2021 #26 £1184.71
    MFW2022 #11 £197.87
    MFW2023 £785
    MFW 2024 £528.15

    Determined to make it! 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 November 2020 at 1:49PM
    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. 
    You would be blocking part of the width of the alley, which you do not own, and over which others have a right of way. Where do you think the limit is? Halfway accros ("Oh they can still pass"), or perhaps 3/4 the way across ("They can still squeeze by").
    And by what right do you think you can build a new wall on someone else's land?
    Yes, you might get away with it for years if no one complains (just as I get away with driving at 80 mph), but the risk is always there and getting away with it does not make it right.

  • babyblade41
    babyblade41 Posts: 3,962 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Don't even think about it, for a start it's inconsiderate and will cause no end of grief and cost for such a small amount .
  • I’m shocked you’d even consider building your wall further out into that alley, like others have said it’s not your land, looks like it is used by all your neighbours for access, you’d be heading for dispute after dispute if you attempt this. 
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'd suspect the wall is curved to allow a horse and cart along the alley. If the corner was cleared and the hedge cut back to the boundary could you put a shed in the corner giving more room in your garden?

  • bolwin1
    bolwin1 Posts: 279 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    I can't believe you think this is acceptable. The council would be all over it (& if I was one of your neighbours, I'd be reporting it). 
  • bolwin1 said:
    I can't believe you think this is acceptable. The council would be all over it (& if I was one of your neighbours, I'd be reporting it). 
    I'll assume thats aimed at me. Filling the corner wouldn't obstruct the row.
  • scottishblondie
    scottishblondie Posts: 2,495 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 November 2020 at 10:08AM
    Can't say I'd fancy having a shed full of my gardening equipment out in the road, it would basically be asking to get broken in to!  If I were the neighbours I wouldn't be happy with someone just placing a shed there either.

    OP, this whole idea of building onto the alley is terrible.  You're asking for trouble if you start down this road.
  • Do you have it confirmed form the council that they do not own the land and that they aren't interested in it?

    If so then you could try and claim it as long as you have permission of all the other houses on the street that have a right of access.

    Had a similar thing in my last house - all of the houses on the road agreed to give up their right of way (all signed and documented) and then everyone extended their gardens a few feet, removing the alley completely.  We first approached the council to check they didn't own it - they confirmed and said they had no interest.

    I wouldn't do anything without agreement from everyone.
  • I'll assume thats aimed at me. Filling the corner wouldn't obstruct the row.
    Legally-speaking, it would. It would prevent the exercise of the ROW as conveniently as when it was granted, which is the test for substantial interference. OK, so maybe nobody is going to have the coal cart making a horse-drawn delivery these days, but they have a right to. And in modern terms, someone might want to put a trailer or some construction plant through there at some stage.
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