Network Rail Fencing Problem

fionais

Removed by user

WestonDave

Check your house deeds (assuming you own the house - if not get on to the Landlord) and see what it says about responsibility for maintaining the boundary. If it says (and this is unlikely as I understand it) that Network Rail is responsible then you can go back to them, but if not, and you want the fence, you will have to find a way to pay for it, or manage without. In some instances railways did have a responsibility to fence off the line to protect local landowners, however this probably won't apply to you as your property was part of the railway and has been disposed of at a later stage, almost certainly with the right safeguards in.

fionais

Removed by user

kingstreet

In the completion package from your solicitor, you should have a plan of your property with the boundaries marked in red. Any which have a "T" on the inside are your responsibility.

WestonDave

This is where railway history comes into play. On the opposite side of the line, the fence put up by Network Rail seperates the land acquired to build the railway from land owned by other owners. It is possible (I'd be curious to know which line incidentally) that the Act of Parliament which gave powers to build the land or the conveyance by which they acquired the land, required the then boundary (think 1850's) to be fenced by the railway company. Hence on that side of the line Network Rail are still fencing because nothing has happened involving the railways moving the boundary on that side, so no opportunity for them to dump the problem on someone else.

Your property is different, as it would have been within the railway boundary, and so any liability if any would exist at the front (road side) rather than the rear (lineside). At some point the station fell out of use, and so at that point NR probably fenced it off to stop trespass whilst they decided how to dispose of the station. When they flogged it to you, they covered their backside by putting the responsibility for fencing on you - something which you should have been aware of when you looked at the deeds and plans before you bought.

fionais

Removed by user

WestonDave

The only other question is whether you can fence somewhere else on your property to stop them getting in, and using it as a shortcut, e.g. locked gates on the entrance etc. Doesn't stop your dog etc running onto the line, but it might stop the herberts. Either that or get a big dummy CCTV camera and stick it on the house. Both gates and dummy camera are probably cheaper than fencing a length of railway line!

sonastin

TBH I'd be as bothered by people trespassing in my garden as by what they might do when they leave my premises.

How long is the boundary at the end of your garden? I'd be amazed if it really would cost £3000 to fence it in, unless you've got a massive plot. We've just put in a new fence (new concrete posts, couple of new gravel boards per panel, new 6ft high wooden panels) which runs for about 20ft along the side of our garden and it cost about £250. You could find some stuff on ebay if you have a means of transporting it.

fionais

Removed by user

phill99

fionais wrote: »

so i'm afraid that it would cost that much!

Now that really is a silly thing to say. Why not say that you are afraid it would cost £100 000. Or £1 million. Unless you get quotes, you will never now.

Now that you are aware of your liabilites you just beed to find the most cost efffective solution.

fionais

Removed by user