Anyone own a house by railway?

homeless9

I am possibly going to buy a property that backs on to Network Rail land, they have a railing/fence running alongside the property.

All I have read is that you cannot 'put a building or structure hard against their fence'. Is it that simple? as long as there is at least some space, even if it's just 1mm, it's fine?

I'd likely leave at least a 1 inch gap. Do any of you people know if this is ok?

Thanks.

davidmcn

Where have you read it and what are you proposing to put up? I expect they just mean that they need enough space to maintain the fence.

There are likely to be other restrictions in your title anyway about what you can build, leaving aside the railway aspect of it. 

homeless9

davidmcn said:

Where have you read it and what are you proposing to put up? I expect they just mean that they need enough space to maintain the fence.

There are likely to be other restrictions in your title anyway about what you can build, leaving aside the railway aspect of it. 

ahh David.
You recommended I check the building/planning docs for the property I mentioned in another thread.....to do with any flood risk reports, I have not found them yet, but found this following info about the fence on the boundary that network rail own.....

'No structure/building should be built hard-against Network Rail’s boundary as in this case there is an even higher probability of access to Network Rail land being required to undertake any construction / maintenance works. Equally any structure/building erected hard against the boundary with Network Rail will impact adversely upon our maintenance teams’ ability to maintain our boundary fencing and boundary treatments.'

I'd build a typical wooden garden fence, what are they 6 foot high typically? I just created this thread to get a bit more info as to what they mean by 'hard against the boundary'. Is there anything more specific out there about leaving a specific distance?

mwarby

I think they're worried about a more substantial structure than a fence. I suspect they are more worried about a garage, workshop or substantial shed

Davesnave

It may be that I'm a bit simple, but it seems obvious to me that even a plain panel fence very close to network rail's boundary fencing might be impacted adversely by their maintenance gangs replacing or repairing it. They work on a tight schedule and  may not be particularly careful, as my friend who owns many acres as a neighbour to them will testify.

IMO this is Network Rail attempting to fend off claims against them and also pointing out that the Access to Neighbouring Land Act will not apply if a building is erected too close to allow its maintenance.

Falafels

Basically they're ensuring that you don't need to access their land to build or maintain your structure, and that you leave enough space for them to maintain their boundary fencing. Unless their maintenance staff are very, very thin you'd need to leave more than 1" space.

homeless9

Falafels said:

Basically they're ensuring that you don't need to access their land to build or maintain your structure, and that you leave enough space for them to maintain their boundary fencing. Unless their maintenance staff are very, very thin you'd need to leave more than 1" space.

I see, of course.

I think they are allowed access to my land to do maintenance / for emergencies.

Maybe I need to create a fence with a gate that's approx 2 or 3 feet away from their railing. I will contact them and check what's best.

davidmcn

As above, have you checked what covenants are being imposed by the developers? Those are likely to be more restrictive than whatever Network Rail want.