Negotiating the sale of a 'ransom' strip

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Hi All,

A situation I was expecting when I bought my house has now come about - I have a large field next to my house which is being included within a LDP for housing. I've been approached by an agent for the land owner to get a feel of my position with regards to the sale of a portion of my front garden for the access road to the site. I talked to them about its going to impact my plans to build a driveway, and they jumped straight in with offering to build me a driveway and a garage ect, so the land is obviously of high value to them.

Anyway, the layout is that I am the last house on the road, and they need approx 1.5m of my front garden to provide width for the new road. There is another access point available, which is by utilising a common land lane directly adjacent to the proposed access point suggested using my land, however the owner is apparently being very 'commercial' about it (Owned by Somerset Trust or something), and have asked for too much money. It was played to me that their access was preferred due to coming into the site at a right angle as opposed to a sweeping drive, so the land could be used more efficiently.

The development seemingly consists initially of 41 houses, with a second phase of 80-100 homes. I'm aware that a ransom strip is typically 10-50% of the land value increase (33% in most cases), but obviously this would mean astronomical figures which I can never see as being realistic.

I was considering playing it this way. I have made them aware that I am knowledgeable in this area (if you ignore my poor spelling), and that I have a good idea of the value. I have asked them to come back and make me an offer (they wanted me to give them a price lol), but if its quite low I was considering just going back to them saying that I'm not happy with it. I know it is worth approx £2m (£6m for the whole development), but I am willing to negotiate a 25% discount of the best offer received from the alternative access point, subject to proof of the offer and some other slight considerations. I wasn't sure if I should say I would accept less if they can demonstrate the inefficiencies of using my access compared to the other?

Do you think they would go for this, or would they never entertain this idea? At the end of the day I want them to use my land, and I would happily negotiate a larger discount in leu of some construction works to my property/ them building a park in the awkward triangle parcel of land adjacent to the access point.

Any help or suggestions welcomed. If Im dreaming and its only worth £2k please say so, because I don't want to be greedy about this, but at the same time we bought a large house overlooking fields and my wife has already suggested moving if the development goes ahead, so bait of extra money to assist this wouldn't go amiss!
 
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Having an access road for an estate of 120 houses that close to you house will be an inconvenience in terms of noise etc. Get enough money for the sale of the land to compensate for the loss of quality of your home. The value of you home could be reduced by having a road so close.

Developers will pay if not paying means they cannot develop the site.

You may get so bad reaction from neighbours if the extra traffic blights their property.

Land for an access road to a new estate cost the developer around £18,000 a few years ago.
 
Take Legal Advice
with a development of that size it could mean a compulsory order placed on your plot to allow access , depends if the Council are in favour of this development .
 
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do they not have the option to buy 1 or 2 properties at market value and use part off there gardens or a whole garden for access
if theres an alternative you may get nought if your too greedy
 
do they not have the option to buy 1 or 2 properties at market value and use part off there gardens or a whole garden for access
if theres an alternative you may get nought if your too greedy

Due to the location of the property and the route of access they would have to buy 2 properties at circa £130K each, plus the access would now be in an awkward location and I cannot see that being acceptable from a planning perspective as it would be side on to a smaller street.

Bosswhite, thanks I will take legal advice further down the road, I want to see what they come back with first. A compulsory order may happen, but again looking online when it has gone to course 30% of the land value increase is generally the figure that has been agreed, so I am guessing they would want to avoid that.

Bernadgreen - Yes the traffic increase will be a pain as it is right where we park our cars, however I think actually the types of houses they are looking to construct will actually help there area, so Im kinda hopping it won't massively effect my house value.
 
Just intuitively, and for no rational reasoning, it sounds like a £25k deal to me plus some works. Don't ask me to explain.

You've got to be careful though. We are mid way through a build of two houses where we agreed £10k to a neighbour to build on the boundary and put scaffold on his land. When we got the letter from his solicitor he added fees, extras for this and that and about £3k of works to his driveway, taking it up closer to £16k. So we pulled back, shaved 200mm of each house, squeezed them together slightly and moved the whole lot over 400mm which was enough to get a scaffold down the side. And the payment to the neighbour - nadda.
 
You should find out how much somerset trust were asking.
Perhaps it was £200k.

Then you could nail them with £100k. :mrgreen:
 
Just felt I should reply as it may help others searching and looking for similar information.

We settled on 25% of the sale value of the land, £125K plus some works including a driveway and a garage (my house value was £140K at the time). We also agreed a 20% value of a phase 2 development.

However, things fell apart. The house has a restrictive covenant on it, which loosely prevented them from using the piece of land for access without approval (from the council).

Other English councils, as its an ex-council house, the charge is about £40 to remove. Swansea stated 50% then refused to provide approval at all when I contested this.

I raised an application to the lands tribunal, and Swansea Council backed down. They said £3K, I queried the basis of this (I had another covenant issue so needed to know the valuation method) and they jumped back up to £20k.

At this Same point, Swansea council approved the developer to access the development with a reduced access arrangement with a single, much narrowed (1.6m) pavement in lieu of 2 pavements connecting into the existing street (I work in construction, and 2 pavements are demanded elsewhere but they have rolled over on this one).

The developer then pulled out of the agreement, and the development passed through planning. The developer has now removed hedges on the other side of the access not on their land (the pavement substructure will cross into adjacent land still but appears not to be contested).

In short, if you are in this situation, check your deeds carefully for any covenants. If you get into a disagreement over it, or someone demands 50% as an overage payment due to the covenant, they categorically wrong and be prepared to contest it at land tribunal (even the threat of this has legs), but contest it at an early stage - I let it drag on too far - had I approached it 3 years earlier I could have established an agreement that would have been binding.

An expensive lesson learned!

As a further lesson, be cautious of the 'sale' value - they were trying to hide some costs by providing the land owner a house, so hiding £300K of the sale value.
 
thanks for taking the time to get back to us and let us know the outcome(y)
 
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