overhanging tree branches which are falling in the garden, safety risk to my children

daliflor

Hello,
I'm not sure if my issue is under the right thread. I do apologize.

As per land Registry, the land on my left boundary is owned my Network Rail and is under the Reigate&Banstead administration. The trees on that land have dead branches, overhanging my garden, never been trimmed since we moved at our property, and are a safety concern.
My question is: if the Council has administrative power they should help us out? Instead they are passing the ball from one side to the other.

I'm not sure what to do. I'd much appreciate if you could advise further.

Kind regards,
      (Removed by Forum Team)

JGB1955

What have Network Rail said about it?  I don't see how your local Council has any input.

gm0

Be aware that NR when they do FINALLY arrive at a strip of hedgerow and a stand of trees adjacent to track and signalling.  They tend to take a pretty brutal approach to clearing it.  Won't be much left.  So it won't be shading view or any noise after a visit.  This is somewhat constrained by eco considerations but from my observations of our railway line - it happens.

Not a minimalist safety check and trim from a tree surgeon focused on your needs and safety concerns only.

But cropped to ground - scorched earth is often the approach. For the longest interval before needing to come again.

If what you want is a few branches trimmed (for safety) and that's all.  And the rest of the shield to stay.

You may do better to spend the time you would spend on chasing NR to get someone - treesurgeon if very high, general gardner/DIY with a pole saw if not.  And just get ONLY what you want done on your side of the fence. And safely drop the trimmings that belong to NR back across the boundary.  If it's not a risk to or fouling signalling - it can be a very long time before they come.  I am sure if you persist you will get them to do it eventually.  But you won't control WHAT happens

Emmia

gm0 said:

Be aware that NR when they do FINALLY arrive at a strip of hedgerow and a stand of trees adjacent to track and signalling.  They tend to take a pretty brutal approach to clearing it.  Won't be much left.  So it won't be shading view or any noise after a visit.  This is somewhat constrained by eco considerations but from my observations of our railway line - it happens.

Not a minimalist safety check and trim from a tree surgeon focused on your needs and safety concerns only.

But cropped to ground - scorched earth is often the approach. For the longest interval before needing to come again.

If what you want is a few branches trimmed (for safety) and that's all.  And the rest of the shield to stay.

You may do better to spend the time you would spend on chasing NR to get someone - treesurgeon if very high, general gardner/DIY with a pole saw if not.  And just get ONLY what you want done on your side of the fence. And safely drop the trimmings that belong to NR back across the boundary.  If it's not a risk to or fouling signalling - it can be a very long time before they come.  I am sure if you persist you will get them to do it eventually.  But you won't control WHAT happens

Absolutely agree. If you look at works on railway embankments they tend to be scorched earth approaches. NR want a one and done, which is a more aggressive approach than perhaps the OP wants

I think if I was concerned about a few branches and a safety issue I'd get a tree surgeon round to deal with it dropping the branches over the fence (avoiding causing a railway issue)... Although if you just disposed of them,  NR probably wouldn't care /notice.

daliflor

Thank you so much for your input.
It seams like those huge trees are under TPO as per the Councils website but they can't trim them.
The Network Railway is the registered owner. The response from The Network Rail was that land is not on their maps and they've suggested to contact the Land Registry to verify the ownership. Those branches are enormous and I'm not sure if it safe for me to do it. I'll contact a tree surgeon to see how much will cost and if willing to help us out.

TELLIT01

A tree surgeon won't just be able to go onto to Network Rail property and start working on the trees.  The railway area is restricted.  Add to that, if branches are falling into the garden, they are probably also falling onto NR land and the tree is diseased or dying.  If that is the case, the sooner it is removed the better for everybody.

RAS

daliflor said:

Thank you so much for your input.
It seams like those huge trees are under TPO as per the Councils website but they can't trim them.
The Network Railway is the registered owner. The response from The Network Rail was that land is not on their maps and they've suggested to contact the Land Registry to verify the ownership. Those branches are enormous and I'm not sure if it safe for me to do it. I'll contact a tree surgeon to see how much will cost and if willing to help us out.

You started by reporting that the Land Registry indicated that the land is owned by Network Rail? So you already have the evidence of their ownership? Find out to whom you need to send it.

daliflor

The land is clearly owned by Network Rail but I'm being passed between pillar and post (Network Rail and the Reigate Council). It's strange that both of them can't find records of this land therefore it was suggested by the Network Rail to find the ownership through the land registry. This specific land is a public footpath. 

twopenny

Always helps to work in writing because that has to be filed and dealt with.

Send you findings including a copy of the land registry and that branches are falling on a public footpath and could injure the public will get you further than the personal reasons.

That footpath will get you further and the wind up them  than anything else. They have to deal with public liability and responsibility.