What is Stokes v Cambridge?

What is Stokes v Cambridge?

The 1961 case of Stokes v. Cambridge determined that if a parcel of land would allow access to develop a neighbouring property, in a compulsory purchase of the land its owner is entitled to one-third of the resulting property value.

What is the value of a ransom strip?

In short, there is no easy response to the question of how much a ransom strip is worth. As in any commercial transaction, land is only worth what another party is willing to pay, and where the buyer has no alternative then any attempt to negotiate the purchase price is likely to prove costly.

What is the purpose of a ransom strip?

The purpose of retaining a ransom strip is, generally, to make a profit on that land in future. If the land next to the ransom is granted planning permission for development, it will not be developable without crossing or acquiring the ransom strip.

What is a ransom road?

In its purest form, a ransom strip is a small strip of land (and I do mean small – as small as 150mm is sufficient to show up in a plan, in fact) whose ownership is retained by the previous owner of the land or adjoining land.

Can you buy a ransom strip?

In the event that the owner of the ransom strip is still reluctant to sell or grant rights, in exceptional circumstances local authorities may issue a compulsory purchase order. This will mean the owner of the ransom strip will be forced to sell, but will be offered a ‘fair and reasonable’ level of compensation.

Who maintains a ransom strip?

In the majority of cases, Party A will sell and therefore transfer ownership of the ransom strip to Party B in return for payment. In Scenario 2, a promoter generally receives payment in accordance with the terms of the land promotion agreement.

Can you sell a right of access?

Your neighbour may be willing to pay a premium depending on how desperate he is for the right of access to cease — for example, he may be planning to build an extension and therefore needs the extra land where the access runs. If you have a mortgage you will need your lender’s consent to sell the right of access.

Do I have to give my Neighbour access to my garden?

Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission. Before going on your neighbours land, you should still ask their permission.

Can I put a gate on a right of way?

It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the …

Do I have to give my Neighbour access to my property?

Accessing your neighbour’s land – the law Entering your neighbour’s property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.

Can I stop my Neighbour coming onto my property?

Put up ‘Private Property’ or ‘No Trespassing’ signs that state trespassers will be prosecuted to deter entry. Build a fence or a wall, being sure to keep to your own property’s boundary and seeking planning permission if necessary. If the trespassing persists, seek legal advice.