Network rail access

Adam@Rumen

Member
Location
Nantwich/Rishton
Hi

Had network rail lad here earlier (spoke to missus) about wanting to access railway from our land to trim back trees and vegetation. Few vans and a mini digger for a week apparently.

Anyone been in this situation? Asked what the going rate is for access he seemed quite woolly and said that was a different department.

Any thoughts?

Cheers
 
Last edited:
Hi

Had network rail lad here earlier (spoke to missus) about wanting to access railway from our land to trim back trees and vegetation. Few vans and a mini digger for a week apparently.

Anyone been in this situation? She asked what the going rate is for access (well trained) but he apparently seemed quite woolly and said that was a different department.

Any thoughts?

Cheers
I'm going out on a limb here but experience of reading other threads about access I would suggest not agreeing anything and refer any requests to your land agent.
 

Romeogolf

Member
Arable Farmer
Location
Wiltshire
I’ve had them here for the last couple of weeks. Started as a small bridge maintenance project, over hanging ivy etc on a small tunnel bridge which we use to go under the railway. Quickly grew tiresome, with Covid no one travelled together and regularly had 5/6 vans running down the farm to the railway leaving gates open etc.
Went on far too long as they achieve absolutely nothing each day, so told them access would be denied after a certain date. They gave me a reasonable bottle of malt and a good show of Claret for my wife but the inconvenience was more costly. Next time, as George says above, something will be made formally between the parties.

I’m convinced that all service authorities treat landowners as mugs who are to be played for their best outcome.
 

ih1455xl

Member
Mixed Farmer
Location
northampton
Get a land agent on to to it will need a indemnity in case anything happens they can come back on the who ever gave permission to access land had a network rail contractor trying it on today saying they had spoken to our land agent but couldn’t tell who the agent was or what firm
 
Network Rail have no statutory powers of access to third party land. So you two choices; either a straight no or access on your terms. If the latter you need an agreement in writing specifying among other points the access route and they number of vehicles permitted. I would suggest a daily charge, including your time plus compensation for any damage. Take a good photographic record of condition prior to entry.
As above, involve an agent, ensuring that the agent will accept a quantum merit fee, and that Network Rail undertake to pay the fees.
 

Mur Huwcun

Member
Livestock Farmer
Location
North West Wales
Unless you have livestock and need them on your side regarding fences and quick repairs etc and not to mention actually telling you of livestock strikes then get an agent on job. We regularly have crews here doing repairs or maintenance. Very seldom do they take the leftover wire and poles home or bother to carry the posts and gates they replace home either……. :sneaky::sneaky:🤫🤫
 

steveR

Member
Mixed Farmer
I’ve had them here for the last couple of weeks. Started as a small bridge maintenance project, over hanging ivy etc on a small tunnel bridge which we use to go under the railway. Quickly grew tiresome, with Covid no one travelled together and regularly had 5/6 vans running down the farm to the railway leaving gates open etc.
Went on far too long as they achieve absolutely nothing each day, so told them access would be denied after a certain date. They gave me a reasonable bottle of malt and a good show of Claret for my wife but the inconvenience was more costly. Next time, as George says above, something will be made formally between the parties.

I’m convinced that all service authorities treat landowners as mugs who are to be played for their best outcome.

Yep. :(
 

kiwi pom

Member
Location
canterbury NZ
So all you 'get an agent' guys sound familiar with the process, so out of interest, how far off am I with 500 quid a day?
Also an agent will work with network rail all the time but may only work for you once a year, where do you think their loyalties lie?
 

Sid

Member
Livestock Farmer
Location
South Molton
Unless you have livestock and need them on your side regarding fences and quick repairs etc and not to mention actually telling you of livestock strikes then get an agent on job. We regularly have crews here doing repairs or maintenance. Very seldom do they take the leftover wire and poles home or bother to carry the posts and gates they replace home either……. :sneaky::sneaky:🤫🤫


So do you specify a waste removal cost within the access agreement?
 
So all you 'get an agent' guys sound familiar with the process, so out of interest, how far off am I with 500 quid a day?
Also an agent will work with network rail all the time but may only work for you once a year, where do you think their loyalties lie?
Way out! You could try a fee based on a percentage of the value of the contract. E.g. Job priced at £20k. 2% = £400 total fee.
Agent is acting for the client so no conflict of interest.
 

Sid

Member
Livestock Farmer
Location
South Molton
Yes you should, unless the waste is of use to you.
Does that matter?

I came across a long length of steel wire after water company had been through. I then had compensation to walk route and check for debris.

I have reused it but if I had found it with machinery or been entangled around livestock legs would have been completely different.
 

Simon Chiles

DD Moderator
Network Rail have no statutory powers of access to third party land.

This bit isn’t strictly true. If there is a danger to life then they can very quickly get powers of access via a court, if they do go to court you’ll get peanuts and it’ll be on their terms. Obviously you can, if you act swiftly enough in this instance, save them the hassle and negotiate an access fee, if you’re cheaper than the legal fees they’ll take that route. Personally I prefer to do it this way if possible, I dictate the terms, get their legal department to draw up an access agreement and I check carefully that they’ve put all my terms in the agreement before I sign it. I know plenty of farmers who have hassle with Network Rail but I’ve had quite a bit to do with them, haven’t stood any nonsense and clamped down on anything I wasn’t happy about but I’d say that generally my working relationship with them has been very good.
 

Cowmansam

Member
Livestock Farmer
Location
Shropshire
My mate does this for a living tree surgery on the railway if you have any work you want doing they will do that for you there all subcontractors paid flat rates may per mile so the less they have to pay for access the better for them so will quite happily do work for the farmers on the side
 
This bit isn’t strictly true. If there is a danger to life then they can very quickly get powers of access via a court, if they do go to court you’ll get peanuts and it’ll be on their terms. Obviously you can, if you act swiftly enough in this instance, save them the hassle and negotiate an access fee, if you’re cheaper than the legal fees they’ll take that route. Personally I prefer to do it this way if possible, I dictate the terms, get their legal department to draw up an access agreement and I check carefully that they’ve put all my terms in the agreement before I sign it. I know plenty of farmers who have hassle with Network Rail but I’ve had quite a bit to do with them, haven’t stood any nonsense and clamped down on anything I wasn’t happy about but I’d say that generally my working relationship with them has been very good.
In that case I'll amend my first sentence to 'Network Rail GENERALLY have no statutory powers of access to third party land FOR ROUTINE MAINTENANCE.'
 

Mur Huwcun

Member
Livestock Farmer
Location
North West Wales
So do you specify a waste removal cost within the access agreement?

We just try to work with the gangs that come, let them drive van to the railway when it’s dry or ferry stuff down to them with quad when it’s not fit to travel. It’s not worth the hassle of having to drag dead stock off the tracks, identify them , photograph and claim through auctioneer. Much easier for us if the lads do temp repairs on a hole in fence when they’re doing another reported part and then come back to the temp job when it’s gone through the system.
 

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