Access to Network Rail Land to maintain an external wall

j.findlay

Hi all,

Considering buying a new house with a wall on one side that boarders a railway embankment owned by network rail. The owners of the property are a bank and they have raised concerns about how I would get access to that wall if it ever needed maintenance. They believe that even though I have a mortgage agreed in principle the issue would eventually be raised in the mortgage valuation report and mortgage company could withdraw their mortgage offer. They have declined my offer for this reason and the onus is now on me to contact network rail to work out the issue of access to the wall via their land. Network rail have said they will contact me within 20 days. In the mean time a developer has just appeared on the scene and slapped down a cash offer on the place. With no mortgage company to scupper them they have an exchange date scheduled for any day now.

Considering the number of properties built along railway lines this issue must surely come up all the time. Has anyone ever encountered a similar problem? If so how did you overcome it? Are there any laws/procedures that would allow me to apply for access to the land? Any assurances I can offer the vendors that may encourage them to delay exchanging in the next few days and consider my offer would be most appreciated! Hope you can help!

dotdash79

We have just bought a house next to a railway line with a drop to the line.

It was determined that network rail is responsable for the upkeep of the embankmnet, which makes sense as if they was any problems will the wall it could take months via insurance to get the issues resolved and this could stop train running for months.

j.findlay

Thanks, that is very interesting. How was the conclusion regarding the responsibility of upkeep of the embankment reached?

What I can gather from Network Rail's website is that each case needs to be considered separately so it would be good to know how similar our two situations are; You say that your house is next to the railway line with a drop to the line, so does the embankment itself (or whatever separates your house from the railway) also form part of your house i.e. is it integral to the structure of you house?

dotdash79

Nope the boundary ends just before the drop (about 10cm). It is at the end of the garden around 50 foot away from the house.

I asked my solicitor to look at who would be responsible as I didn't want the possible issues around it. The mortgage valuation didn't even take any notice of it, and my mortgage company weren't fussed by it.

I've just re-read your post and I would say that the embankment is owned by network rail so they manage the embankment you manage the wall, from the base to the roof.

How steep is the embankment? do you have any gap between the end wall and the embankment? does the wall form part of the embankment boundary? how far away from the wall do trains run?

j.findlay

Thanks again,

The embankments on either side of the tracks are simply hills made of earth rather than the bricks and mortar or concrete types. The house sits at the top of one of these hills. There is no gap between the end of the house and the start of the embankment, so beyond the back wall of the house is Network Rail land and the wall and everything within it belongs to the house. The top of the embankment is about 10m from the rails down a shallow slope, easily climbable.

As far as I can see the wall is only accessible by entering a station, crossing tracks and climbing the embankment, which is a hill.

dotdash79

They will be access points to that side of the emabnkment, might be worth while taking a walk allong several nearby streets to soo if you can find this access.

The other option is you can use a cherry picker on your street to get round to the wall.

Anyway it might be best to phone network rail and ask a few questions.

Is this house an repo? if so your best chance might be to delay the exchange but raising a compliant with the bank to stop the sale as they have made an desscion to refuse an (possible better) offer based on a hunch.

It might be better to look at another mortgage providor.

ValHaller

j.findlay wrote: »

The embankments on either side of the tracks are simply hills made of earth rather than the bricks and mortar or concrete types. The house sits at the top of one of these hills. There is no gap between the end of the house and the start of the embankment, so beyond the back wall of the house is Network Rail land and the wall and everything within it belongs to the house. The top of the embankment is about 10m from the rails down a shallow slope, easily climbable.

Your house borders a railway cutting, not an embankment. This may save some confusion talking to Network Rail.

Bluebonnie

There will be provision for maintenance of that wall, from the cutting, but not when the trains are running.

Phone Network Rail if you are serious about this to find out.

It will depend on the service timetable, whether the line is electrified etc. No doubt you would have to negotiate access well ahead of time. Is there any gutter at the top of this wall, which would need regular maintenance?

retepetsir

dotdash79 wrote: »

They will be access points to that side of the emabnkment, might be worth while taking a walk allong several nearby streets to soo if you can find this access.

The other option is you can use a cherry picker on your street to get round to the wall.

Anyway it might be best to phone network rail and ask a few questions.

Is this house an repo? if so your best chance might be to delay the exchange but raising a compliant with the bank to stop the sale as they have made an desscion to refuse an (possible better) offer based on a hunch.

It might be better to look at another mortgage providor.

Do not do this, you are not allowed to just wonder on to Network Rail property!

It sounds like the OP has put the request in to Network Rail so needs to wait for the answer.

j.findlay

Thanks all for the replies and keep them coming if you think of anything else. Rather than just waiting for Network rail to get back to me I have arranged to see a solicitor for some free advice. I'll update as and when.

Thanks again!

mart.vader

When I needed access to a Network Rail property by a train line, (as part of my then job) it was only allowed after liaison with NW and compulsory wearing of orange hi-vis jackets accompanied at all times by two NW operatives, and (I think) a look-out man.