Extending 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?

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..."

[des8]

So you own part of unadopted road (for which part you are responsible) and you want to incorporate it into your garden.
That is fine, so long as you do not block or obstruct the right of way and you need to leave the surface so it can be traversed without problems

So basically you can't in practice incorporate it into your garden !
Anyone who has the benefit of that right of way could make you restore it

[bullykutha]

By allowing enough room for people to still pass as they do, there should be no problem?

[des8]

If the whole width of the road is a right of way you have no right to block any part of it.

It might well be that if it is very wide and part of it is a verge which no one uses you might not be challenged, but that is a risk for you to decide about