Access, Visibility Splays and Ransom Strips

Why is access so important for development land?

Without safe, legal access, a site cannot be built on, however good its other qualities. Access has two sides. Physically, the highway authority must be satisfied that vehicles, cyclists and pedestrians can get in and out safely. Legally, the developer must have the right to use every piece of land between the site and the public road.

Problems on either side can reduce a site's value sharply or make it undevelopable. That is why access is one of the first things buyers look at, alongside the other checks in our guide to what makes land developable.

The standard required depends on scale. A single new home on a quiet lane may need little more than a widened drive with reasonable visibility. A scheme of dozens of homes may need a new junction built to adoptable standards, footways, street lighting and possibly improvements to the wider road network, each of which adds cost and may need land outside the site.

What is a visibility splay?

A visibility splay is the area at a junction that must be kept clear so drivers leaving the site can see approaching traffic. It is described by two measurements:

the X distance, measured back from the edge of the carriageway along the centre of the access, commonly 2.4 metres;
the Y distance, measured along the road in each direction, which increases with traffic speed. On a 30 mph road it is often around 43 metres.

The land within the splay must be kept clear of obstructions above a set height for as long as the access is used. If the splay crosses a neighbour's hedge or other land you do not own, the developer will need that land or a binding right over it. Manual for Streets guidance applies in England and Wales, and many highway authorities publish their own design guides as well.

Is the road outside your land adopted highway?

An adopted highway is one maintainable at public expense. Under section 36 of the Highways Act 1980, which applies in England and Wales, highway authorities must keep an up-to-date list of the streets in their area that are maintainable at public expense, and anyone can inspect it free of charge.

The list confirms whether a road is adopted but does not usually show how wide the highway is. For development, the key question is often whether the adopted highway reaches right up to your boundary, including any verge. Ask the highway authority for its highway extent records and compare them with your title plan. HM Land Registry title plans normally show general boundaries only, so the exact boundary line is not fixed by the plan.

New estate roads are usually built to adoptable standards and adopted under a section 38 agreement, while works to the existing road, such as a new junction, are usually carried out under a section 278 agreement with the highway authority.

Can a private right of way serve new homes?

If access is along a private road or track, the developer needs a right of way that allows the intended use. Whether an existing right covers development traffic depends on the wording of the grant, what was contemplated when it was granted and how much extra use the new homes would bring.

A right granted ‘for all purposes’ is more likely to help than one limited to agricultural use, but even a wide right can be challenged if the new use would be excessive and interfere unreasonably with others entitled to use the route. A solicitor should review any private access, and the deeds that created it, early in the process.

Other practical questions follow. Who maintains the private road, and how are costs shared? Is it wide enough for refuse lorries and emergency vehicles? Do services such as water and drainage run under it, and is there a right to lay new ones? If the answers are unclear, a buyer may need a fresh deed of grant from the road's owner, which brings the ransom question below into play.

What is a ransom strip?

A ransom strip is a piece of land, sometimes very narrow, that sits between a development site and the road or services it needs and belongs to someone else. Because the site cannot be developed without crossing it, the strip's owner is in a strong bargaining position.

Ransom strips arise in many ways: a verge kept back when land was sold decades ago, a strip deliberately retained by a previous owner, a gap between the highway boundary and a title boundary, or a neighbour's land within a visibility splay. They can affect drainage and utility connections as well as roads.

If you own a strip like this next to someone else's development land, it may have value. If your own site depends on one, it may reduce what a buyer can pay.

What did Stokes v Cambridge decide?

Stokes v Cambridge Corporation (1961) is the case most often cited on ransom value. It was a compensation case in the Lands Tribunal, which decided that the owner of land needed for access would have accepted one-third of the increase in value of the development land. That figure has since become a common reference point in negotiations.

It is not a fixed rule. The Valuation Office Agency's land compensation manual says the case was decided on its own facts and suggests 50% as a starting point, depending on the bargaining power of the parties. Other decisions have produced figures from around 15% to 50%, and the courts have said that one-third is not an assumed end point. The outcome depends on whether there is any alternative access, how much value the access unlocks and the strength of each side's position.

In practice, most ransom payments are agreed by negotiation rather than decided by a tribunal. The figure is often expressed as a share of the uplift in value that the access unlocks, and it may be paid as a lump sum or deferred until planning is granted. Both sides should take advice from a surveyor who understands ransom valuations.

How can you check your access position?

Download your title register and title plan from HM Land Registry, and those of neighbouring land along the road frontage.
Ask the highway authority for the extent of adopted highway along your frontage.
Check the definitive map of public rights of way. A footpath across the site may need to be diverted, which can be authorised by order under section 257 of the Town and Country Planning Act 1990 where needed to enable development with planning permission.
Estimate the likely visibility splays and note any third-party land, hedges or walls within them.
Look in your deeds for rights of way or easements, and note their exact wording.
Take advice from a solicitor and, on more complex sites, a highways consultant.

If you are unsure, include what you know when you request a free site appraisal. A site with an access issue is not necessarily unsaleable, and the appraisal will take it into account.

Questions

Is one-third the standard price for a ransom strip?

No. One-third comes from Stokes v Cambridge, a 1961 Lands Tribunal decision, and is often used as a reference point in negotiations. Later decisions and official valuation guidance treat it as specific to its facts, with outcomes varying widely depending on bargaining positions and whether alternative access exists.

How do I find out whether my road is adopted?

Contact your highway authority, usually the county, unitary or metropolitan council in England, or the county or county borough council in Wales. It keeps a list of streets maintainable at public expense and can usually provide records showing the extent of adopted highway, sometimes for a fee.

Can a public footpath across my land stop development?

Not usually on its own. A footpath can often be built into the layout, or diverted or stopped up by order under section 257 of the Town and Country Planning Act 1990 where that is needed to enable development with planning permission. Orders can attract objections, so allow time.

What if a neighbour's hedge is in the visibility splay?

The developer will need either to buy that land or to secure a legally binding right to keep it clear permanently, because the highway authority will require the splay to be maintained. A neighbour in that position may expect a payment, so it is best identified early.

Sources

This guide is general information, not legal, planning or tax advice. Always take independent professional advice on your own circumstances.

Access, visibility splays and ransom strips: what landowners should check