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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 588
Experience:  Expert
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I have the following clause in my Title Deeds which is valid

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I have the following clause in my Title Deeds which is valid for another 30 years. I am unsure whether it then means that the driveway, which is our only access to the public highway, then becomes a "ransome strip" . Are you able to advise ?
JA: Where are you? It matters because laws vary by location.
Customer: Cambridgeshire. Here is the Clause :-3 The land tinted blue on the filed plan has the benefit of the following
rights granted by but is subject to the following rights reserved by a
Conveyance of the land tinted blue on the filed plan and other land
dated 29 December 1971 made between (1) Lawrence Clive Manning (Vendor)
and (2) Geoffrey Thomas Greetham and Elizabeth Joan Greetham
(Purchasers):-
"TOGETHER with a right of way with others similarly entitled now or
within Eighty years of the date hereof for all purposes at all times
with or without vehicles to pass and repass over the road coloured
Green on the said plan and having a minimum width of fifteen feet
paying one-half of the cost of keeping the roadway and the ditch
crossing next to the main road in repair TOGETHER ALSO WITH the right
to maintain a pipe as existing under such roadway for the supply of
water to the said dwellinghouse and a meter for garden purposes
EXCEPTING AND RESERVING to the Vendor the right to maintain the land
drains now laid from the land at the rear of the property hereby
conveyed to the ditch bordering the highway and the necessary rights of
access to maintain the same making good any damage so caused".
NOTE: The road coloured green referred to is tinted brown on the filed
plan.
JA: What steps have you taken so far?
Customer: None apart from suggesting to the owner that we might buy the strip but they were not interested.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all.
Customer: replied 7 days ago.
Title Deeds. the covenant was made with an earlier buyer of the property.

Good afternoon

Do you have a copy of the title plan please and I will take a look at this for you.

Customer: replied 7 days ago.
Here it is. Road coloured brown not green as referred to in the note.

Thank you for this.

I would not class this as a ransom strip as your title deeds grant you the sufficient rights over the road edged in brown, subject to half the cost of keeping it in repair.

It would only become a ransom strip if the rights were not already granted to you and you needed to pay the 'ransom' in order for the landowner to grant you the rights.

Does this answer your query?

Kind regards

Customer: replied 7 days ago.
Thank you, ***** ***** still not clear if that is still the case at the end of the 80 year term ? That would totally clarify it for me ! Best regards

At the end of the 80 years it may well become a ransom strip as the rights will no longer be valid.

The landowner could then demand the ransom be paid for further rights to be granted for access over the road.

MarianC and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you. It is useful to know that that is a possibility.