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Old 01-08-2004, 01:27 PM
Rachael of Nex, the Wiccan Rat
 
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Default Garden abutting BR land and "fly tipping".


"Sacha" wrote in message
...
On 1/8/04 12:11 am, in article , "Steve"
wrote:


Remove the fencing. Annex the land gradually. In another 7 years its

yours.


And do what if someone strays onto the line and is killed or injured?


I'd just like to make it clear that I have no intention of annexing said
land (as stated elsewhere) but for the sake of in keeping with the facts of
the matter concerning this said bit of land;

This tract of land has a wall and a seven foot high barbwire fence at the
line end (it's near to a station, where such barriers are often more
inpenetrable than in less frequented areas) so - if one were to annex such
land gradually, people would still have to climb this wall and fence to get
onto the platform even if they could get over whatever fence you might put
up as you annexed it. One couldn't accidently get onto or stray onto the
line at this point (unless accidently means climbing a seven foot barbwire
fence).

As it is it's not possible without a great deal of effort even if one wanted
to (which I don't - I am happy to be as far away from the track as I can be,
sheltered by the wilderness because one of my dogs is nervous of trains amnd
would no doubt go nuts if his garden suddenly had trains right at the end of
it even if I did feel like purloining abit of someone else's land, which I
don't) because the fence one would have to cut through in order to annex is
a high fence with concrete posts and thick chainlink and three strands of
ugly scary barbwire on the top. Someone would be sure to notice !

Just for the record. ;-)


Rachael


  #34   Report Post  
Old 01-08-2004, 06:40 PM
Alan Gould
 
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Default Garden abutting BR land and "fly tipping".

In article , Sacha
writes
And do what if someone strays onto the line and is killed or injured?


Legally anyone entering Railway property without permission is
trespassing - there is no Public Right of Way over any disused track or
running line. In reality a blind eye is turned on casual use of disused
tracks, but running lines are dangerous places which are regulated,
secured and policed at great expense.
--
Alan & Joan Gould - North Lincs.
  #35   Report Post  
Old 01-08-2004, 06:40 PM
Alan Gould
 
Posts: n/a
Default Garden abutting BR land and "fly tipping".

In article , Sacha
writes
And do what if someone strays onto the line and is killed or injured?


Legally anyone entering Railway property without permission is
trespassing - there is no Public Right of Way over any disused track or
running line. In reality a blind eye is turned on casual use of disused
tracks, but running lines are dangerous places which are regulated,
secured and policed at great expense.
--
Alan & Joan Gould - North Lincs.


  #36   Report Post  
Old 01-08-2004, 10:26 PM
Bevan Price
 
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Default Garden abutting BR land and "fly tipping".


"Rachael of Nex, the Wiccan Rat" wrote in message ...
I live next to a railway line - the back fence of my garden abuts the space
BR (or whoever it is who is responsible for the land these days) use between
the platform and other people's land to stop trespassers. About four inches
away from their chainlink and barbwire fence is my chainlink fence that
marks the end of my garden. The piece of land on the railway side is about
fifteen foot wide, with another chainlink and barbwire effort at the other
end next to the platform, and is deilberately let wild by BR or whoever to
discourage anyone climbing over my fence (or anyone else's fence) to get
onto the line / platform. It's full of brambles, spikey hedges, that sort of
thing - you know what I mean, it's like these tracts of railway land all
over the country - all about six feet high of pure wilderness.
Growing on railway land right next to their fence - and consequently next to
mine - is a lilac tree. Very pretty but very big and very tall now. It
overhangs my garden in a big style and cuts off alot of light. I know I am
permitted to trim it back (and I haven't bothered asking the railway if I
can as they'd look at me like I was an idiot - I've just done it and took
the bits to the dump) where it overhangs. But my question is this:

I now need to do some real trimming of it because it is overhanging by a
good four feet, and the lopped off bits will probably be far too big to
handle and get in the (boyfriend's) car. I could saw them all up for
kindling for the winter but my woodpile is stacked up taller than me already
;-). As the trimmed back bits belong to them anyway and I am supposed to
return them to them, if I hoike them over the fence onto the railway land to
be swallowed up by the wilderness there, am I in fact fly tipping and could
be prosecuted ? Cos I'm damn sure if I dumped them at the station office
(assuming I could drag the branches round to the station this is) I'd get
told to sling my hook. Does fly tipping extend to biodegradable material in
such situations as this ?
I hasten to add that there is so much wilderness I'm absolutely sure nobody
would notice anyway (I would not consider doing it if not) but I'd just like
to know where I stand. I suppose I could ask someone at the station to trim
it and remove the bits (I'd probably get laughed at though) but you'd never
get to it on their side anyway.

Thoughts or similar experiences ?

Rachael

Network Rail are slowly catching up with years of ignoring lineside vegetation - I believe all new line maintenance
contracts specify removal of vegetation that could call leaf-fall problems on the rails each autumn. In any case, they
will almost certainly clear some vegetation when their now standard (and hideous) 2 metre galvanised iron fencing
eventually reaches your part of the railway.

Bevan





  #37   Report Post  
Old 01-08-2004, 10:26 PM
Bevan Price
 
Posts: n/a
Default Garden abutting BR land and "fly tipping".


"Rachael of Nex, the Wiccan Rat" wrote in message ...
I live next to a railway line - the back fence of my garden abuts the space
BR (or whoever it is who is responsible for the land these days) use between
the platform and other people's land to stop trespassers. About four inches
away from their chainlink and barbwire fence is my chainlink fence that
marks the end of my garden. The piece of land on the railway side is about
fifteen foot wide, with another chainlink and barbwire effort at the other
end next to the platform, and is deilberately let wild by BR or whoever to
discourage anyone climbing over my fence (or anyone else's fence) to get
onto the line / platform. It's full of brambles, spikey hedges, that sort of
thing - you know what I mean, it's like these tracts of railway land all
over the country - all about six feet high of pure wilderness.
Growing on railway land right next to their fence - and consequently next to
mine - is a lilac tree. Very pretty but very big and very tall now. It
overhangs my garden in a big style and cuts off alot of light. I know I am
permitted to trim it back (and I haven't bothered asking the railway if I
can as they'd look at me like I was an idiot - I've just done it and took
the bits to the dump) where it overhangs. But my question is this:

I now need to do some real trimming of it because it is overhanging by a
good four feet, and the lopped off bits will probably be far too big to
handle and get in the (boyfriend's) car. I could saw them all up for
kindling for the winter but my woodpile is stacked up taller than me already
;-). As the trimmed back bits belong to them anyway and I am supposed to
return them to them, if I hoike them over the fence onto the railway land to
be swallowed up by the wilderness there, am I in fact fly tipping and could
be prosecuted ? Cos I'm damn sure if I dumped them at the station office
(assuming I could drag the branches round to the station this is) I'd get
told to sling my hook. Does fly tipping extend to biodegradable material in
such situations as this ?
I hasten to add that there is so much wilderness I'm absolutely sure nobody
would notice anyway (I would not consider doing it if not) but I'd just like
to know where I stand. I suppose I could ask someone at the station to trim
it and remove the bits (I'd probably get laughed at though) but you'd never
get to it on their side anyway.

Thoughts or similar experiences ?

Rachael

Network Rail are slowly catching up with years of ignoring lineside vegetation - I believe all new line maintenance
contracts specify removal of vegetation that could call leaf-fall problems on the rails each autumn. In any case, they
will almost certainly clear some vegetation when their now standard (and hideous) 2 metre galvanised iron fencing
eventually reaches your part of the railway.

Bevan





  #38   Report Post  
Old 02-08-2004, 02:58 PM
Mike Lyle
 
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Default Garden abutting BR land and "fly tipping".

"Bevan Price" wrote in message ...
"Rachael of Nex, the Wiccan Rat" wrote in message ...

[...about railway land...]

Very much OT, I'm afraid, but there's a knowledgeable flavour about,
so maybe somebody can tell me exactly where in SW Wales there's a
stretch of Brunel's original broad-gauge quietly rusting away. I've
been credibly told it's there somewhere, and I'd rather like to go and
see it.

I imagine I could find it by combing numerous large-scale OS maps, but
asking is simpler.

Mike (tatty Barbour, not anorak).
  #39   Report Post  
Old 02-08-2004, 02:58 PM
Mike Lyle
 
Posts: n/a
Default Garden abutting BR land and "fly tipping".

"Bevan Price" wrote in message ...
"Rachael of Nex, the Wiccan Rat" wrote in message ...

[...about railway land...]

Very much OT, I'm afraid, but there's a knowledgeable flavour about,
so maybe somebody can tell me exactly where in SW Wales there's a
stretch of Brunel's original broad-gauge quietly rusting away. I've
been credibly told it's there somewhere, and I'd rather like to go and
see it.

I imagine I could find it by combing numerous large-scale OS maps, but
asking is simpler.

Mike (tatty Barbour, not anorak).
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