advice on permission for shed on communal land

A question about : advice on permission for shed on communal land

Hi, I'm in the process of selling my house and the buyers have come back with a query about my shed and I'm not sure how to respond without getting myself in trouble!
The house is a mid terrace and there is a large gated communal ginnel at the back. All the residents store their bins out there and a few store motor bikes, composters etc.
A few years ago I built a very small shed/storage cupboard in the communal area directly behind my back wall. I spoke to the nearby neighbours about this and none of them had any objection but I don't know who legally owns the land so I never got formal permission for this. To be honest, I didn't think it would be necessary as it's generally accepted by all the residents that we all treat the area directly behind our garden as our own.
My buyers have now come back asking for proof that I got permission for the shed. Does anyone know if there is any legislation/guidance about storage on communal land or if there is a particular process I should have followed?

Best answers:

• 1) what's a 'ginnel'?
  2) check who owns the land with a LR map search.
  3) Do your deeds mention any ROW or other rights over the 'ginnel'?
  4) respond to the buyers "Other than uninterrupted use for X years there is no evidence of consent for the shed". If that makes them drop out, so be it - but a stupid reason to withdraw!
• A ginnel is a path/ alley behind houses. I live in Lancashire and it is widely used here. I assume in the OPs case it is a little access road that you get to the back gardens from (and they have gates onto it), but it also be used to refer to any little footpaths or cut-throughs between roads
  https://en.m.wiktionary.org/wiki/ginnel
• If it has been there long enough, you may have adverse possession of the land the shed sits on. How long has it been there?
  You may also have rights to storage and/or access through an easement (basically a right to use land for a purpose even if you are not the owner). This will be in your deeds or the deeds of the land concerned. You might also establish these rights through long term use (but then adverse possession may be more important anyway).
  But such things normally concern access, not storage.
  Otherwise, you reply as G_M describes basically.
• Do you think the shed adds to the value of your house?
  If not tell them the shed has no permission and they can take it or leave it (or you will take it or leave it for them )
• In my area is is common for half the width of the ginnel to be owned by the houses on either side. Check the deeds. In may case I only realisied when I measured the garden and it was less then the length of the deeds. My property extends 6 foot beyond the back gate but I have to allow access to neighbours.
• "Adverse possession" is highly unlikely if it comes to it, as you don't have "exclusive possession" of that ginnel - so that's a non-runner of an idea.
  I'd just respond with the bare facts of "I have had a shed sited in the communal ginnel for x years and have received no objections to it during that time". Then...you've told the "truth, the whole truth and nothing but the truth".
• The Land Registry can - and does - reject AP claims when its a bit of communal space and without any fence or anything around.
  Add the fact that there are buyers who would be wary of someone trying to say they owned land they had "adversely possessed", rather than "bought and paid for" in the normal way and might reject the house on the grounds of wondering what the vendor might get up to against them. A cautious buyer will watch a vendor they have realised isnt trustworthy rather more closely (as my own vendor knows to his cost.....as I took one look at his untrustworthy little face and watched him like a hawk and caught him out in an attempt to pull a stunt on me...).
• We did something similar when the buyer want PP and BC for a lean-to conservatory that met the rules for no regs when put up.
  I authorised the purchase of the sledge hammer to remove it if they insisted. They were planning to remove it and install a two storey extension anyway.
  All went quiet.
• I love this thread.
  I've leaned what a ginnel is, and now a dring!