A guide to Ransom Strips

A guide to Ransom Strips

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A guide to Ranson Strips Usually a ransom strip is a strip of land lying between an adopted highway with public rights of way and a property or land and where crossing that land or laying services beneath that land could represent a trespass on the part of the owner of the property cut off from the Highway by the ransom strip.

Ashley Watson Partner ashley.watson@laytons.com +44 (0)20 7842 5437

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A guide to Ransom Strips

Issues can arise if it is not possible to access a property or development site directly from a Highway having public rights of way without crossing over the strip. The owner of the strip could bring an action against such persons as trespassers preventing use or development of the property or site until a solution is found. This will significantly effect the ability to fund, sell or let the property or site which is being adversely affected by the ransom strip.

How to establish if a ransom strip exists There are three obvious ways of determining whether a ransom strip exists: • Searches A search of the Land Registry Index Map can be carried out to ascertain as to whether there is a ransom strip and obtain a copy of the title to that strip to determine who owns the strip (assuming it is registered). Also a Highway search can be carried out with the County Council which will show the extent of the Highway and whether there is any strip of land between the Highway and the land affected by the strip.

• Preparation of Overlay Plans The planning drawings, Land Registry Title Plan and results of Highway Search should be overlaid against each other to be satisfied that the property or development site can be accessed directly from the Highway.

• Inspection It is essential than an inspection be carried out to ascertain as to who may control any ransom strip and how the strip is used.

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A guide to Ransom Strips

When and why should you create a ransom strip?

What if the land forming the ransom strip is unregistered?

You can create a ransom strip when disposing of land

If the ransom strip is part of land already in your ownership

particularly if you think that the land or any land adjoining

then you should apply for voluntary first registration of the

and which is or may be accessed through the land you are

entire title so that then the ransom strip can be split upon

selling may secure planning permission for development

sale of the property by way of a Transfer of Part. If you are

in the future. You can keep ownership of a small section of

worried that land you are purchasing is affected by a ransom

land along any boundaries that may form a route for access

strip then you should protect yourself either by taking out

or the supply of services to the land or land adjoining the

indemnity insurance or requiring the Seller to procure the

land being sold. This would mean that should development

grant of a Deed of Right of Way at the Seller’s expense from

become possible of the land or adjoining land in the future,

the owner of the ransom strip. Clearly that would not be

any developer would need to agree terms with you to cross

possible if the land was unregistered since unless obvious

the ransom strip for access or to lay service media beneath

visits are made by the owner it would prove extremely difficult

it or, indeed, both. However there are also other options

to identify the owner of the unregistered ransom strip. A third

available to retain control over land being sold including

possibility is a claim for Adverse Possession. Depending on

the registration of a restriction or entering into “overage”

the facts a claim for adverse possession could be made if it

provisions with purchaser of land or adjoining land.

can be proved that you (if you are effected by a ransom strip) or the owner of the adjacent site (if you are the owner of a ransom strip) may be able to claim to Adverse Possession if it can be proved that there has been exclusive occupation of the strip for in excess of ten years in respect of registered land and twelve years in respect of unregistered land.

Alternatively if it can be shown that the land has been used for twenty years for access then this can be seen as evidence to a claim that a Prescriptive Right of Way has been acquired.

Again however this would require supporting evidence and Statutory Declarations. A Statutory Declaration covering the entire period of Adverse Possession would have to be given and for any claim to be successful it would be dependent upon all available evidence and whether there is a person available to give a Statutory Declaration for the entire period of Adverse Possession.

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A guide to Ransom Strips

Does size matter?

A ransom strip can be any size/width. Indeed it can be as narrow as 150 millimetres simply as wide as a red line on a Land Registry Title Plan.

In conclusion In view of the potential costs and delays if a ransom strip is found it is important that careful consideration is given to the Land Registry Title of the property you are acquiring and for your solicitors to carry out thorough due diligence and report to you should there be any uncertainty as to the existence of a ransom strip.

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A guide to Ransom Strips

Real Estate Residential Property Our Residential Property team advises both UK and overseas clients on all aspects of residential property in the UK. Our clients include private individuals, corporates, property investment companies and funds (both within the UK and offshore), trusts, charities and management companies.

Our Team Dee Aylward

Tom Cawcutt

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Consultant paul.chapman@laytons.com +44 (0)20 7842 5478

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Partner vinit.patel@laytons.com +44 (0)20 7842 5458

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Natalie Tinson

Ashley Watson

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Partner ashley.watson@laytons.com +44 (0)20 7842 5437

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This information is offered on the basis that it is a general guide only and not a substitute for legal advice.

We cannot accept any responsibility for any liabilities of any kind incurred in reliance on this information.

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