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

Personally I would be tempted to fell the tree in situ. If what you say is
correct nobody will know or care.

"Peter Crosland" wrote in message
...
Personally I would be tempted to fell the tree in situ. If what you say is
correct nobody will know or care.

No doubt, but I don't mind it when it isn't overhanging too badly - it is
pretty, and insects like it. I'd prefer not to fell the whole thing.

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot tall I
can't possibly retrieve the bits ("Oh dear - how did that happen ?") ...



Rachael

No doubt, but I don't mind it when it isn't overhanging too badly -
it is pretty, and insects like it. I'd prefer not to fell the whole
thing.


Fair comment!

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot
tall I can't possibly retrieve the bits ("Oh dear - how did that
happen ?") ...

Sounds a good idea since you are leaglly obliged to return them the owner
cannot complain. Have you thought of fencing off the land yourself and
waiting 12 years to claim it by adversae possession?

No doubt, but I don't mind it when it isn't overhanging too badly -
it is pretty, and insects like it. I'd prefer not to fell the whole
thing.


Fair comment!

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot
tall I can't possibly retrieve the bits ("Oh dear - how did that
happen ?") ...

Sounds a good idea since you are leaglly obliged to return them the owner
cannot complain. Have you thought of fencing off the land yourself and
waiting 12 years to claim it by adversae possession?

No doubt, but I don't mind it when it isn't overhanging too badly -
it is pretty, and insects like it. I'd prefer not to fell the whole
thing.


Fair comment!

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot
tall I can't possibly retrieve the bits ("Oh dear - how did that
happen ?") ...

Sounds a good idea since you are leaglly obliged to return them the owner
cannot complain. Have you thought of fencing off the land yourself and
waiting 12 years to claim it by adversae possession?

"Peter Crosland" wrote in message
...


I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot
tall I can't possibly retrieve the bits ("Oh dear - how did that
happen ?") ...

Sounds a good idea since you are leaglly obliged to return them the owner
cannot complain. Have you thought of fencing off the land yourself and
waiting 12 years to claim it by adversae possession?

Tha would involve cutting through their very big chainlink and barbed wire
and doing battle with brambles that the devil himself spawned. ;-)

I'm settling for putting a couple of fence panels between my fence and their
fence (in the four inch gap between) to stop these buggers getting through
as I am sick of removing bramble runners which seem to spring up over night
! I usually find them as I sit down to breakfast at the garden table and
find one reaching down through said lilac tree to grab me by the hair - and
I could *swear* they weren't there the previous day, LOL. And the lilac is
getting lopped this very evening when bf gets here.

grumble over


Rachael

"Peter Crosland" wrote in message
...


I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot
tall I can't possibly retrieve the bits ("Oh dear - how did that
happen ?") ...

Sounds a good idea since you are leaglly obliged to return them the owner
cannot complain. Have you thought of fencing off the land yourself and
waiting 12 years to claim it by adversae possession?

Tha would involve cutting through their very big chainlink and barbed wire
and doing battle with brambles that the devil himself spawned. ;-)

I'm settling for putting a couple of fence panels between my fence and their
fence (in the four inch gap between) to stop these buggers getting through
as I am sick of removing bramble runners which seem to spring up over night
! I usually find them as I sit down to breakfast at the garden table and
find one reaching down through said lilac tree to grab me by the hair - and
I could *swear* they weren't there the previous day, LOL. And the lilac is
getting lopped this very evening when bf gets here.

grumble over


Rachael

"Ford Prefect " wrote in message
news
Shame their fence is so close, my local railway line is the opposite
way round (the BR fence is 15' from peoples boundary) allot of people
have "extended" their gardens on to the BR land and after 7 years if I
remember rightly, no one complained so hey presto longer garden.

I have heard tale of this from people in similar situations.


Can't you take a pair of cutters to the fence LOL.
(JOKE)

Heh - it ain't the barbed wire and chainlink that would be the problem -
it's the brambles on the other side ! Compared with them abit of barbed wire
is a picnic. They are the brambles of the spawn of the devil.

No kidding, they are actually pressing the railway fence outwards onto my
fence, they're that big and unruly. And they carry guns ...


;-)

Rachael

"Ford Prefect " wrote in message
news
Shame their fence is so close, my local railway line is the opposite
way round (the BR fence is 15' from peoples boundary) allot of people
have "extended" their gardens on to the BR land and after 7 years if I
remember rightly, no one complained so hey presto longer garden.

I have heard tale of this from people in similar situations.


Can't you take a pair of cutters to the fence LOL.
(JOKE)

Heh - it ain't the barbed wire and chainlink that would be the problem -
it's the brambles on the other side ! Compared with them abit of barbed wire
is a picnic. They are the brambles of the spawn of the devil.

No kidding, they are actually pressing the railway fence outwards onto my
fence, they're that big and unruly. And they carry guns ...


;-)

Rachael

On Sat, 31 Jul 2004 14:57:27 +0100, "Rachael of Nex, the Wiccan Rat"
wrote:

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.
[snip]
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 ?

This might sound a little complex but that's how the railways are these
days. From your post you appear to be very close to a station as opposed
to just backing onto a railway line between stations. If this is the
case then it is *possible* that the land where the tree is *could* be
leased to the train company that leases the station. If that is not the
case then it will definitely be down to Network Rail to maintain the
embankment, fencing and vegetation that backs onto your garden.

I'd enquire at the station and get the head office address for the train
company and also the appropriate local section of Network Rail. I'd then
write to or E Mail them and ask them to either consent to you doing what
you need to do to the tree or require them to attend to the tree. As we
are nearing Autumn and the leaf fall season you can guarantee that
planning is underway to deal with the leaves, branches and twigs that
mother nature will dump on the ground / rails. Therefore it is an
opportune moment to "piggy back" on other work that Network Rail will be
doing to control vegetation and leaf fall.

www.networkrail.co.uk
http://nrekb.com/toc_list.html has the links to all the train companies
websites for contact details.


HTH
--
Paul C

On Sat, 31 Jul 2004 14:57:27 +0100, "Rachael of Nex, the Wiccan Rat"
wrote:

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.
[snip]
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 ?

This might sound a little complex but that's how the railways are these
days. From your post you appear to be very close to a station as opposed
to just backing onto a railway line between stations. If this is the
case then it is *possible* that the land where the tree is *could* be
leased to the train company that leases the station. If that is not the
case then it will definitely be down to Network Rail to maintain the
embankment, fencing and vegetation that backs onto your garden.

I'd enquire at the station and get the head office address for the train
company and also the appropriate local section of Network Rail. I'd then
write to or E Mail them and ask them to either consent to you doing what
you need to do to the tree or require them to attend to the tree. As we
are nearing Autumn and the leaf fall season you can guarantee that
planning is underway to deal with the leaves, branches and twigs that
mother nature will dump on the ground / rails. Therefore it is an
opportune moment to "piggy back" on other work that Network Rail will be
doing to control vegetation and leaf fall.

www.networkrail.co.uk
http://nrekb.com/toc_list.html has the links to all the train companies
websites for contact details.


HTH
--
Paul C

Shame their fence is so close, my local railway line is the opposite
way round (the BR fence is 15' from peoples boundary) allot of people
have "extended" their gardens on to the BR land and after 7 years if I
remember rightly, no one complained so hey presto longer garden.

Can't you take a pair of cutters to the fence LOL.
(JOKE)
Ford.

On Sat, 31 Jul 2004 16:31:13 +0100, "Rachael of Nex, the Wiccan Rat"
wrote:


"Peter Crosland" wrote in message
...
Personally I would be tempted to fell the tree in situ. If what you say is
correct nobody will know or care.

No doubt, but I don't mind it when it isn't overhanging too badly - it is
pretty, and insects like it. I'd prefer not to fell the whole thing.

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot tall I
can't possibly retrieve the bits ("Oh dear - how did that happen ?") ...



Rachael

Shame their fence is so close, my local railway line is the opposite
way round (the BR fence is 15' from peoples boundary) allot of people
have "extended" their gardens on to the BR land and after 7 years if I
remember rightly, no one complained so hey presto longer garden.

Can't you take a pair of cutters to the fence LOL.
(JOKE)
Ford.

On Sat, 31 Jul 2004 16:31:13 +0100, "Rachael of Nex, the Wiccan Rat"
wrote:


"Peter Crosland" wrote in message
...
Personally I would be tempted to fell the tree in situ. If what you say is
correct nobody will know or care.

No doubt, but I don't mind it when it isn't overhanging too badly - it is
pretty, and insects like it. I'd prefer not to fell the whole thing.

I suppose I could cut it back abit and let the cuttings fall into the
wilderness where of course, it being over a barbwire fence six foot tall I
can't possibly retrieve the bits ("Oh dear - how did that happen ?") ...



Rachael

"Paul Corfield" wrote in message
...
On Sat, 31 Jul 2004 14:57:27 +0100, "Rachael of Nex, the Wiccan Rat"
wrote:


Thoughts or similar experiences ?

This might sound a little complex but that's how the railways are these
days.

I expected a convolulted vagary filled answer, don't worry. ;-)

From your post you appear to be very close to a station as opposed
to just backing onto a railway line between stations.

Yus, I am close to a station as you say.

If this is the
case then it is *possible* that the land where the tree is *could* be
leased to the train company that leases the station. If that is not the
case then it will definitely be down to Network Rail to maintain the
embankment, fencing and vegetation that backs onto your garden.

I'd enquire at the station and get the head office address for the train
company and also the appropriate local section of Network Rail. I'd then
write to or E Mail them and ask them to either consent to you doing what
you need to do to the tree or require them to attend to the tree. As we
are nearing Autumn and the leaf fall season you can guarantee that
planning is underway to deal with the leaves, branches and twigs that
mother nature will dump on the ground / rails. Therefore it is an
opportune moment to "piggy back" on other work that Network Rail will be
doing to control vegetation and leaf fall.

www.networkrail.co.uk
http://nrekb.com/toc_list.html has the links to all the train companies
websites for contact details.


Very useful thanks - though I have spent the evening with my bf lopping said
tree - however, only where it overhangs which isn't really doing the job as
when the tree gets used to it's new form or there's a strong wind it'll end
up lurching over the garden again, so we've just done a temporary fix. I do
have another big pile of kindling for the winter out of it though. Those
details you gave will no doubt be useful for next time.

I've lived here five years and I can't recall anyone from any rail body ever
doing anything to any of the vegetation in that tract of land - it seems to
just die off seasonally and get left to it's own devices. Although there are
a number of much larger trees in the land that overhang other properties.
Perhaps I'll ask the house owners if they have ever been attended to, but
from the way I've seen them get taller and bushier in the time I've lived
here I suspect not.

Having said that, no body such as network rail or any big company is ever
going to do anything about something if they don't have to, so I guess if
you don't ask you don't get.


Rachael