Land Ownership.
Does anyone know enough about land law to be able to answer my question below, please.
Assume there is a 4 meter wide strip of land is across the end of a close and it has been in my control for more than twenty years and I am about to Land Registered it. The Land Registry has no information/claims as to the strip. Nothing.
Beyond the strip is what was land fill land a long time ago, and the land is now OK such that plans now exist to build houses on it.
It would be very convenient to the planners to be able to demand my land so as to be able to alter the close into a single main road access for all the traffic to and from the many houses. A quiet close into a not very nice place to live,with some road access problems from existing drives due to an obscured view.
My Question: Can someone involved in the planning take my land and afterwards proceed to make the close a sole main access to many houses on housing site.
Builder practice, of old, has a history of putting strips of land, such as just 1 meter wide, to stop other builders being able to cross it and offer to be an alternative builder for what is needed.
Someone said to me that they thought such obstructive strips have now been disallowed.
Might this be applied to me.
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Ransom strips are alive and very rewarding - if you own it!
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Adverse possession can be asserted now after 10 years as far as I know, and if you have used that land exclusively for at least that time then you would be in a strong position to register title.
As to whether you could use it as a hostage strip - I don't know.
These things can be complicated. Has anybody been using it for access? You don't necessarily have to own something to establish a right of access.
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First of all I am not a lawyer. Second, let's assume you've established possession and have good title.
Is the former land fill development private housing or something else?
I don't think 'the planners' can, as it were, confiscate the land. They could, dependent of practicability etc of other access, make it difficult/impossible for the developer to get permission unless access is via your close as new main access. You could be a local hero and refuse to sell at any price or you could have your palm crossed with silver by the developer who offers you a good price.
There may be options where, if the landfill development is by a public body or is of strategic local importance, the local authority uses compulsory purchase. In that case, if a price for the land cannot be agreed, the matter can be referred to what used to be the Lands Tribunal but is now I think the Lands Chamber of the Upper Tribunal for a determination of market value.
It it's just a strip of land with no viable alternative use but ornamental verge market value might not be much.
IIRC @Netsur of this parish is a Chartered Surveyor and way better qualified than I am to speak on the subject.
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IS 4 metres wide enough for a road and footway for a major housing estate? was this the only access during landfill? Sounds a bit tight to me, but who knows.
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Ah...I visualised 4 metres across and rather longer! No, 4m is single track.
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Thanks for the info so far.
The strip is ACROSS the road and longer in that direction than 4 meters.
There would not be any houses during the land filling so access for that was easy.
The developer is a government body such as Homes England.
Last edited by: busbee on Fri 30 Aug 19 at 00:17
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I am not interested in making money from the strip.
Access via the close is important to the developer because no other wide access exists and it would be expensive to create one. So if the strip can be taken from me, I will not bother to register it.
Thanks Bromptonaut
Last edited by: busbee on Fri 30 Aug 19 at 00:42
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>> I am not interested in making money from the strip.
What is it you want to achieve?
My opinion is just that of a bloke on the internet. I'm often wrong.
Don't give up an idea on my account; if it matters get a professional opinion.
Last edited by: Bromptonaut on Fri 30 Aug 19 at 00:59
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This is my day job as a valuer (Chartered Surveyor). You have a ranson strip. The council cannot take it off you; no one can unless they pay you full value for it which is about 35% of the difference in the value of the ransomed land before and after the access is created.
So if the strip controls access to an acre of agricultural land worth say £30,000 and with access the land would be worth say £300,000 because planning permission has been granted for residential development, then you are entitled to 35% of £270,000.
The case law is Stokes v Cambridge.
Find a good Chartered Valuation Surveyor near where you live and ask for advice. We also understand Land Law, frequently more than lawyers do! Be prepared to pay for good advice.
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Netsur, thanks for your great enlightenment.
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Land Ownership - Falkirk Bairn
