What Constitutes a Ransom Strip

Griffta

Hi
We own part of a farm (the old cow shed and barn with some yard space) where we run our business from with light industrial planning permission. There are also four dwellings on the farm which are all owned and occupied by other people and a farmyard used by another farmer. The farm is accessed by a bridleway (long track) which is owned by a third party not connected to the owners of the farm and in the deeds of our property it states the following:-

'Together with a right of way at all times and for all purposes over and along the trackway for the purpose of obtaining access to the public highway from the property and that we shall pay a proportionate part of the cost of maintaining and repairing the said trackway according to his and their user thereof'

We have done a pre-application with the local council for three dwellings on our part of the farm which the Council has said yes to in principle.

So referring to the 'Stokes v Cambridge Corporation' case where the owner of the access to the land to be developed can claim 1/3 of any added value to property, would this apply to us considering it states in our deeds we have full access anyway?

Is there anyone who could help please? Thank you

G_M

Had a quick look at Stokes v Cambridge Corporation and yes, it relates to ransom strips and their value.

However, my ill-informed belief is that that is irrelevant in your situation. A ranson strip is land which belongs to someone else and across which another has no right to pass - thus making the land beyond the ransom strip inaccessible.

The owner of your land has a right of access - so the track is not a ransom strip. You can ignore Stokes v Cambridge Corporation.

I also believe that if you sub-divided your land, then both/all divisions of the land would continue to enjoy the right of access.

However, I stress that I am not legally qualified, nor am I experienced in rights of way.

Before making financial commitments (whether to architects, planning application, builders etc) I would confirm what I've suggested via proper legal advice.

Griffta

Thank you for your reply - I have had a quote for a solicitor which is £400-£500 which I will pay out if I can't find the answer myself but as you say as we have access already I am hoping they can't hold us to ransom.

G_M

The question would be whether a new Title you created by splitting the existing Title, would benefit from the same ROA as the current Title, and whether this would be recorded at the Land Registry (for a prospective buyer to see and reassure themselves).

You need to either do some in-depth legal research yourself or seek professional advice.

The Land Registry rep might come along and help - if you click 'edit' below your first post, and then 'go advanced', you'll be able to edit your thread title. Add the words 'Land Registry' to the title and the LR Rep is more likely to respond!

or ring the LR helpline and ask, though they tend to help withrhe processes, and avoid legal advice......

davidmcn

It would be no bad thing to have a solicitor check out any potential issues in general before you start throwing more money at the project, but from what you've said I can't see an obvious problem with the access rights. It's not a ransom strip anyway.

Davesnave

G_M wrote: »

The question would be whether a new Title you created by splitting the existing Title, would benefit from the same ROA as the current Title, and whether this would be recorded at the Land Registry (for a prospective buyer to see and reassure themselves)..

For comparative purposes, I've copied out my entry for land and a barn in a similar situation. As you can see, the position should the title be split later, is spelled out:

"SUBJECT TO.....the exception and reservation unto the Vendors and their successors in title to the Vendor's adjoining retained land and any part or parts thereof capable of being benefited thereby of a right of way at all times and for all purposes in connection with the present or any future use and enjoyment of the Vendors said retained land over the yellow land."

The yellow land is the road.

I don't see the words in red, or similar, in the OP's quoted para.

Riggyman

A ransom strip - I stand outside your house and threaten to take my clothes off unless you pay me not to.

tealady

Riggyman wrote: »

A ransom strip - I stand outside your house and threaten to take my clothes off unless you pay me not to.

What a great money making idea! With my looks I could make a fortune.:p

Land_Registry

As suggested a ransom strip relates to a parcel of land needed to access adjacent land normally from a public highway. You don't get access until you have paid for it. The basic premise being you can get close via the public road but you need a private right of way (with or without clothes) for the last bit, the strip.

That does not seem to be the case here and it is more an issue of does the land already have the benefit of a right of way which can then be used by the 3 houses to be built.

If all 3 are being built on the benefiting land then the same right would normally be carried forward to each new title. The key therefore is how the 'trackway' is defined within the deed/entry you refer to.

Thereafter the issue of cost arises as presumably there would be increased use and the terms refer to this so something to also consider re what terms you place on each new property.

Definitely something to get legal advice on to look at the whole picture for you.

G_M

Nice to see you have a sense of humour alongside you professionalism LRR!

Re the maintenance cost, yes increased use/traffic might increase this cost, but the number of properties contributing to the cost would also be increased.

As you say, the 'trackway' is key. Is it very long? What condition is it currently? What condition would new owners want/expect? what overall cost is likely to upgrade it etc.

Bing2007

G_M wrote: »

Re the maintenance cost, yes increased use/traffic might increase this cost, but the number of properties contributing to the cost would also be increased.

As you say, the 'trackway' is key. Is it very long? What condition is it currently? What condition would new owners want/expect? what overall cost is likely to upgrade it etc.

Yes, and its not clear how the 'proportionate' maintenance costs would be divided up. I doubt this was determined in the original deeds as building extra houses might not have been envisaged then. I would not be surprised for the bridle path owner to baulk at the idea of upgrading the track to a roadway if it had little benefit for him, or even a negative impacts on his land use.

You need to talk to him and try to negotiate something.