FEATURE Taylor Walton


A headache for property developers


For even the most experienced property developers, the term ‘ransom strip’ often indicates a major headache that needs to be addressed with a planned project. But what is a ransom strip and is it still really the issue it is perceived to be? Ransom strips are small strips of land, usually on the boundary,


which sit between the land and the public highway, preventing access to the land without a right of way across this strip. However, the potential issue caused by ransom strips is not just the


physical access to the development, but also the access of services if conduits containing mains services sit beneath the ransom strip. A point considered less frequently is also the reservation of mines


and minerals, which can create a subterranean ransom strip which could be an issue if conduits need to be laid for the passage of services.


6 ALL THINGS BUSINESS


Sukina Dhillon Commercial Property Solicitor at Taylor Walton


But is the land in question a ransom strip? When considering whether a parcel of land is compromised by a ransom strip,


the first


consideration is whether the strip of land in question really is a ransom strip and that requires a closer examination of the boundary lines to understand if they have been accurately established. Many plans, particularly in old conveyances,


are described as being for identifi cation purposes only. In such a case, the description of the land will prevail, but if the description is inadequate, courts may consider the plan to determine the parties’ intentions. If the property is described as being ‘more


particularly delineated or described on the plan’, the plan will prevail to the extent of any discrepancy. T is is important for developers, as generally courts will recognise when a potential ransom strip has been created by boundary errors and is negligible, with clear understanding there never was an intention on the part of the seller to reserve a ransom strip. If such an intention is not clear, courts will


consider the topographical features when the original deed was drawn, which makes historic knowledge and photographs important in


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