Thread: Network Rail land maintenance

Not really a consumer issue, but points of law required and I thought someone here may be able to point me to them.

Network Rail own land at the back of the house I moved into last year. I rent the property. There are 2 trees which are huge directly behind our back garden fence on their land.

Despite complaints from neighbours, Network Rail have done nothing to maintain these trees, or cut them back.

The trees are an eyesore, probably have a massive root infrastructure by now, and block a lot of sunlight out.

Homegrown Timber Rail Ltd are a subcontractor company that Network Rail have hired to remove vegetaion withing 5 metres of the railway line behind my house. This 5 metres will not reach our borders, so the trees again will remain unmaintained.

HTC Ltd say the trees are out of their remit and I should contact Network Rail about the issue (although he kindly said he would see what they could do, but I doubt it's much).

Before I contact Network Rail I'd just like to be prepared with a little legal knowledge. Can anyone steer me to some please?

Similar Threads:

• Towing charges after police action initiated by Network Rail
• 3 network
• TOC Revenue Recovery/Rail tickets
• British Rail Increse cancellation fees by 100%
• Network Rail and Overhanging Tree

Probably not what you want to hear, but you have no right to sunlight (or a view).

If there is no TPO (tree protection order) on these trees, then under common law, you can trim the branches and roots back to the boundary - as long as you do not kill or destabilise the tree; you would then be liable for damages

You have to offer back the trimmings and if the tree owner refuses them, you must dispose of them yourself. You may not simply throw them back over the boundary.

This site may help

Network Rail are not obliged to take any action to maintain the trees unless they are causing an actionable nuisance - nothing you have described so far is actionable

Thanks. Just as I was expecting. I was just hoping that with the land being owned by a company there may be different rules. Maybe I should just trim what overhangs my garden.

Understood about time to react, cheers.

Ok - not so bad. I called Network Rail and they've raised a work remit to be done which is now logged with my local Network Rail office. I've a reference number.

I think they decided to do the work because the trees encroach onto our property - overhang the boundary.

Hopefully all will be fine. Thanks all.

Originally Posted by patdavies

Probably not what you want to hear, but you have no right to sunlight (or a view).

Not quite.

Try the Prescription Act.

Funny thing is I actually suffer from psoriasis!

Originally Posted by Weird Al Yankovic

Not quite.

Try the Prescription Act.

The Prescription Act refers only to light. And only after 20 years uninterrupted.

Not sunlight, nor a view

If you are going to quote statute, please try to get it right8)

Originally Posted by patdavies

The Prescription Act refers only to light. And only after 20 years uninterrupted.

Not sunlight, nor a view

If you are going to quote statute, please try to get it right8)

'Natural' light actually. Which the sun is btw.

The OP has not indicated anywhere that he has not been at this property for 20 years. Your first reply simply assumed so by telling him he has 'no right to light.'

Also, should the trees have to be pruned for light then I dare say the view will also be improved or at least look better.

Hi Sneaker!

It may help to know what railway line the Network Rail land is adjacent to??

Er folks, my issue is completed - see above. I made the phone call without legal knowledge and got a promise they'll cut the trees. Any further issues and I'll shout if I need to, thanks. End of thread?

Originally Posted by Sneaker

my issue is completed...I made the phone call...and got a promise they'll cut the trees...End of thread?

U'd like to think so wouldn't U??!...