planning/legal curiosity: "shared" alleyway ownership

[johnhenstock83]

hi all,

 

I wanted to pick your brains on something I've recently seen, I can't figure it out.

 

3 bedroom terraced house for sale in Western Avenue, Egham, Surrey, TW20 (rightmove.co.uk)

 

This property above, if you look at the first picture, had a shared alleyway between the two neighbours, but only downstairs. Upstairs is essentially the neighbour's bedroom/bathroom with a flying freehold. I know this is a shared alleyway because we have exactly the same house/layout/setup, but in a different part of the country. These are all ex-council properties, freehold and those alleyways are extremely common, if not standard practice for this type of development.

 

My question is:

 

How did the owner of the property advertised above manage to incorporate the alleyway and extend his hallway? Leaving aside the discussion with the neighbour and potentially paying the neighbour to give it up (many don't use it at all), how would this work from a planning/ownership/covenants perspective? Is it even a possibility or did this guy just pay his neighbour some money and is hoping the council won't find out?

 

I'm asking because I'm very tempted to do the same, it's a relatively small job to open up the side wall (single skin) and the benefit would be a warmer property, both for myself and the neighbour, along with the added space.

 

Thanks!

[ToughButterCup]

16 minutes ago, johnhenstock83 said:

...

How did the owner of the property advertised above manage to incorporate the alleyway and extend his hallway?

....

 

By buying the property to which it was joined (with the flying freehold)

[Temp]

2 hours ago, johnhenstock83 said:

how would this work from a planning/ownership/covenants perspective?

 

You don't need to own the land on which you are applying for Planning Permission. Officially I think you are required to get the owner to sign part of the Planning Application form (I think I've heard this referred to as providing a certificate of ownership but it's just a signature in a box I think. I can't recall exactly).  I doubt the planners check who own the land. How can they as even the land registry say the boundaries on the title plan aren't determinative. 

 

It's worth noting that Planning Permission only gives you the Council's permission. It doesn't give you any other rights. You still need the owners permission to actually build it. Otherwise I think it amounts to trespass. They can go to the court and get the work stopped. However in very minor cases (like building over the boundary a few inches) courts have allowed the building to stand and ordered modest compensation rather than knock it down.

 

Best advice is to speak to the neighbour over a beer and try to come to an agreement. Then get it written up and added to your titles at the land registry. 

 

Would this convert your house from a semi to a terrace? Or detached to semi? Consider the impact on the valuation.