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Original poster

"Ransom Strip"

40 replies

kerrymucklowe2020 · 20/09/2020 21:02

20cm "ransom Strip" ( presume it's this as not in title deeds ). Presume it's being retained by the builders ( 9 year old house ). Causing delays and frustration as solicitors seem to be at loggerheads. It's in-between 2 houses at the side of the neighbours house but within boundary of property I'm buying ( I think ). Advice? Will a Stat Dec cover this?

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Original poster

kerrymucklowe2020 · 20/09/2020 21:36

Title deeds/ plan states something like "the 20cm strip of land adjoining the boundary " ......etc - is not included in the title

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Lineofconcepcion · 20/09/2020 23:14

Is it a ransom strip? If at the side of the property unless you need to drive or walk over it for access why is it an issue?

TheHighestSardine · 21/09/2020 00:06

What's your actual question? You also haven't really explained the sitation.

Original poster

kerrymucklowe2020 · 21/09/2020 06:42

My problem is that I want to exchange and move in but the sellers solicitor won't answer the question fully as to who actually owns the strip . This has been going on for weeks.

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Lineofconcepcion · 21/09/2020 20:34

Why is it an issue? Providing you have access to your prospective property it doesn't matter who owns it.

Original poster

kerrymucklowe2020 · 21/09/2020 21:27

Why is it an issue? Providing you have access to your prospective property it doesn't matter who owns it.*
Well my solicitor seems to have an issue with it. And it's holding up my purchase.......

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Original poster

kerrymucklowe2020 · 21/09/2020 21:38

Plus we have a section 38, 104/102 holding it all up too. AND, to add EVEN more stress it sounds like a covenant has been breached- which one etc I don't know as I've been assured previously ( can't remember who by) that there are NO COVENANTS- ARGGHHHHH

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redastherose · 21/09/2020 22:22

A ransom strip is usually a small parcel of land preventing access to the property so that doesn't sound like what you are talking about here. If the land is specifically not included in the title to the property you are purchasing why does it matter who owns it? Adjacent property or builder would be the best guess but a title search should reveal who is the owner.

Section 38 Agreements are in relation to the bond securing the adoption of the road as an adopted highway, if there is one in place then that is what you want to be there, likewise Section 104 Agreement is in relation to securing the adoption of the drains and sewers.

With regard to the covenant, if the party who benefits from the restrictive covenant is still around then they can be approached for a release (usually for a price) if they are not around or cannot be found then a defective title indemnity Insurance policy can be purchased.

Original poster

kerrymucklowe2020 · 21/09/2020 22:34

You would have thought the seller's solicitor would have done a search of the title ( we started this process in July), but whatevers happening, my solicitor is still none the wiser.
Section 38 is there but solicitor wants more info ....

There's a mention of a 104 via the solicitors but I've got information saying it's a 102....

Not sure about the covenant, have no more information on that yet.
Indemnity has been mentioned but I don't know yet if it's for the strip of land ( if it's not a ransom strip then I dint know what it is ) or the covenant

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Original poster

kerrymucklowe2020 · 21/09/2020 22:36

Is it usual for a development that's at least 6 years old to STILL not be adopted ( roads / drains etc)?

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Lolapusht · 22/09/2020 01:39

Yes, normal for the roads to not be adopted. Wha would be unusual with a new build would be the lack of covenants! There will be lots of them and you need to know what they are. 20cm is a tiny bit of land and I don’t think it could be determined that accurately on a plan. The width of the red line on a title plan is probably around 20cm on the ground. Is it really worth it?

Collaborate · 22/09/2020 07:51

You have a solicitor acting for you, who has seen the actual deeds, yet you ask here if anyone knows? If your solicitor can't tell you no one here can.

DameCelia · 22/09/2020 08:00

You would have thought the seller's solicitor would have done a search of the title
Sorry @kerrymucklowe2020, that's not how it works. Your solicitor does all of that, the seller's solicitor just provides the title paperwork.
It sounds like you're finding the purchase process complicated and a little tough to understand, which is perfectly normal, it is complicated!
Ask your solicitor to explain things clearly. Remember that it's not you buying the house, it's your mortgage lender, your solicitor is acting for them as well. You may be happy to exchange, complete and move in without delay but your lender won't if the house isn't worth the money they are lending because there's a problem with title/unadopted roads/breached covenants.

MrsWobble3 · 22/09/2020 12:24

Is the strip a wildlife corridor? I know some new build estates had these included to prevent subsequent development ruining existing wildlife routes. I’m not sure who owns them, or if it matters much but it might be worth exploring this explanation.

Collaborate · 22/09/2020 17:54

@MrsWobble3

It's 20cm wide. What kind of wildlife do you think would use such a corridor?

Lolapusht · 22/09/2020 19:47

@Collaborate maybe a weasel or two? In a line, obviously...

MrsWobble3 · 22/09/2020 22:10

No idea - the ones I’ve come across before have been for frogs so 20cm would be enough for them I think. I think there was a fashion for planning permission to include this sort of thing sone years ago and would guess the developers would make it as narrow as they could get away with.

Original poster

kerrymucklowe2020 · 22/09/2020 23:11

At a cost of about £6 have downloaded title deeds and discovered who owns the strip ( not the builders - had an email from them today confirming this). What I do with this info though I don't not know.

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redastherose · 22/09/2020 23:50

A 20 cm wide strip is a tiny area of land. You need to establish why it was retained? As your solicitor to find out.

StephenKong · 22/09/2020 23:52

Who owns it, if not the builders?

StephenKong · 22/09/2020 23:53

Is this your 2nd thread on this? I've read it before...

StephenKong · 22/09/2020 23:56

@redastherose

A 20 cm wide strip is a tiny area of land. You need to establish why it was retained? As your solicitor to find out.

It's quite common for builders to do this; it's to prevent people buying up adjoining land and building a huge development on it. Well, either to stop it happening at all or making sure they get a cut by the developer having to buy the strip of land. Why do you think it's called a ransom strip?

Original poster

kerrymucklowe2020 · 23/09/2020 15:40

Now I know why it's a ransom strip. And more importantly I need to know it's exact location- apparently, depending on where it is, you could be trespassing as you may have to cross it to get to your home! The vendor told me it's definitely in the location they've told me but have nothing to back it up ( eg deeds). Why all this wasn't addressed when they originally bought it from new 8 years ago I don't know

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StephenKong · 23/09/2020 16:00

Trespassing really isn't a thing, that is not it's purpose.

The purpose is ensuring you can only build up to your own boundary, even if you've managed to buy up adjoining land.
Have you actually spent money on legal advice?
If it's more than 25p, it's been completed wasted

Original poster

kerrymucklowe2020 · 23/09/2020 16:13

@StephenKong well thanks very much for your helpful post on a LEGAL thread
"Have you actually spent money on legal advice?
If it's more than 25p, it's been completed wasted "

SO HELPFUL.

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