Does Stokes VS Cambridge (Ransom Strip) apply in Scotland

[p***@btinternet.com]

Stokes VS Cambridge established that if an increase in property value occurs as a result of a beneficial use restrictive covenant, that 33% of the increase in value should be paid to compensate.

For example - A farmer owns fields and obtains access to his fields over land owned by another person. The farmer then applies for planning permission for new plots & once planning is granted sells the land 10x its original value. In this case the farmer has not sought nor obtained right of access to the land. Based upon my understanding of Stoke VS Cambridge to obtain the access the farmer would need to compensate the owner of the land over which he need access by roughly 33% of the increase in value of the land he is selling.

As this was ruled an English court I wondered if anyone with a legal background can advise if it applies in Scotland?

[Francis Davey]

Post by p***@btinternet.com
Stokes VS Cambridge established that if an increase in property value occurs as a result of a beneficial use restrictive covenant, that 33% of the increase in value should be paid to compensate.
For example - A farmer owns fields and obtains access to his fields over land owned by another person. The farmer then applies for planning permission for new plots & once planning is granted sells the land 10x its original value. In this case the farmer has not sought nor obtained right of access to the land. Based upon my understanding of Stoke VS Cambridge to obtain the access the farmer would need to compensate the owner of the land over which he need access by roughly 33% of the increase in value of the land he is selling.
As this was ruled an English court I wondered if anyone with a legal background can advise if it applies in Scotland?

Stokes v Cambridge was a compulsory purchase case - but the situation you are describing doesn't mention a compulsory purchase, so I'm not sure how it applies. Can you explain further?

Francis

[August West]

Post by p***@btinternet.com
As this was ruled an English court I wondered if anyone with a legal
background can advise if it applies in Scotland?

No, it doesn't apply in Scotland. The law of property in Scotland is
entirely seperate from that in England. English land law cases are not
binding on Scots courts, and of no persuasive value, either.

A landlocked, or enclaved, property in Scotland will require to be
granted servitude rights of access, across any ransom strip, to the
public road. But there is no case setting the value of such rights, and
the price of purcase is a matter for negotiation between the owners.

HOWEVER, in Scots law, it is actually quite hard to create such a ransom
strip.

Any subdivision of a single property grants an impicit positive
servitude of access over any putative ransom strip to the enclaved
property (as well right to light, water, drainage, etc, as a matter of
contract), as no reasonable person would have urchased the enclaved
property were such rights witheld. (Ewart v Cochrane 1861, also McLaren
v City of Glasgow Union Railway 1878).

A full discussion of this matter can be found in the Stair Memorial
Encyclopedia, vol 18[0], paras 552-457.

0] Also published as "The Law of Property in Scotland.

[Peter Gammage]

Francis & August, thanks for your responses. The applicability was the issue, so I think my question has been answered.