Over the years, many people have contacted us for help when they are thinking of buying a house or land next to the railway. We have found that most people have common concerns so we have prepared answers to the most frequently asked questions.
Please click on the links below if you would like information about any of the following:
• train services – changes in numbers of trains and plans to re-activate disused railways
• rights of access, wayleaves or other easements - claimed by Network Rail
• ownership of railway lines - by Network Rail or other companies
• new railway lines
• railway searches – as recommended in a conveyancing search handbook
• boundary walls and fences – ownership and maintenance
• building restrictions - on property next to the railway
• maintenance and engineering work - on the railway
• power and communication cables and other services
• access to railway land – for building work or to maintain my property
• proposals - for providing or financing railway services and facilities.
Are there are any proposals for a change in the number of trains using the existing railway line or are there any plans to re-activate a disused railway?
A. Network Rail is a track authority. It may authorise the use of the track by train operating companies or independent railway operators, and may be compelled to give such authorisation. Its ability to respond to any enquiries regarding intended future use is therefore limited.
Elsewhere on this website it is possible to find information about proposals to enhance the railway contained in Route Utilisation Strategies. The proposals contained in those documents will occur as and when funding becomes available.
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Does Network Rail claim any rights of access, wayleaves or other easements or otherwise over the property?
A. For rights and restrictions which may affect a property, reference should be made to the property's title, although Network Rail does have statutory powers of entry onto adjoining land in circumstances where repair is required or in order to prevent an accident (s14 of the Railway Regulation Act 1842).
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Please confirm whether the railway lines shown on the plan of the property I am interested in are under Network Rail control. If not, whose control are they under and are these lines used or disused?
A. Network Rail is the owner of all railway lines currently used for operating intercity and suburban trains in Great Britain. The majority of disused lines are no longer in railway ownership. Those that remain in railway ownership are owned by either Network Rail or BRB (Residuary) Ltd whose property, including its lines, is listed on their website at www.brb.gov.uk/property/property_listings.
There are also in excess of 350 route miles of Heritage Railways in use, enquiries should be directed to Heritage Railway Association 2 Littlestone Road New Romney Kent TN28 8PL.
London Underground Limited, 55 The Broadway, London SW1H ODB owns the London underground network. Other light rail and tram schemes operating in various cities are not owned or operated by Network Rail.
Enquiries in relation to the Channel Tunnel Rail Link should be directed to 2 Ossulton Street London, NW1 1HT.
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Are there any proposals for the construction of new railways, the centre line of which is within 200 metres of the property?
A. Local authorities should have details of new railway proposals which require planning permission or other authorisation (enquiry no. 3.5 on the standard local search form (July 2002 edition).
Not all examples of these proposals are from Network Rail - Crossrail is one such example. Information about Crossrail is available from www.crossrail.co.uk or the Crossrail Helpline (0845 602 3813).
Enquiries in relation to the East London Line Extension should be addressed to London Underground Limited, 55 The Broadway London SW1H ODB.
Elsewhere on this website it is possible to find information about proposals to enhance the existing railway contained in Route Utilisation Strategies. Consents for those proposals will be obtained where needed.
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I want to make a 'railway search' as suggested in a conveyancing searches handbook.
A. There is no statutory basis that requires Network Rail or its predecessors to respond to such enquiries. This is further confirmed in the Law Society Conveyancing Handbook which states that there is no official form of railway search.
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Does the owner of the property or Network Rail have any liability to maintain or contribute to the cost of maintenance of boundary walls and/or fences or for any other work in relation to the railway land?
A. Identification of fencing responsibilities, and any access rights for these or similar works from the original railway acquisition arrangements can be a costly exercise, and may not be conclusive.
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What restrictions are there on building adjacent to the railway line and is Network Rail consent required to carry out any alterations to the property?
A. Building works near the railway may have unforeseen safety implications e.g. when working in the vicinity of high voltage overhead electricity cables. Properties formerly in railway ownership usually have restrictions on the title which require Network Rail approval before starting any work. Please note that neither Network Rail nor its predecessors keep records of consents given and do not give retrospective consent.
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Are there any proposals for work on the railway which might affect the property or any proposed development?
A. It may not be readily practicable to identify all prospective railway works which could take place in any particular location, especially as many stations, depots and other railway facilities are let, or may be let, to train and freight operating companies or others who may have their own intentions.
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Are there are any buried or overhead power/communication cables or other services?
A. Network Rail does not hold complete records on services in land adjoining the railway. Enquiries should therefore be made of the utility companies and a full survey completed before undertaking any work.
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Will I be able to go on to the railway land in order to maintain the property or carry out building works?
A. Apart from the risk to personal safety, anyone who enters on to railway land is committing a criminal offence (s55 British Transport Commission Act 1949). Specific consent should be obtained before starting any work to ensure the safety of the people carrying out the work and that there will be no interference with railway services.
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I am proposing to provide/finance railway services or facilities. Can you provide me with further information to assist me in pursuing my proposal?
A. It is likely that your proposal will be covered by Network Rail's Code of Practice for dealings with Stakeholders. Details about the Code and the relevant people who can assist are available from this page.
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