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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can railtrack cross my land to upgrade a bridge without my

Customer Question

Can railtrack cross my land to upgrade a bridge without my permission.
Do they have the power to enter onto my land?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

I am afraid the law does allow Railtrack to enter your land in order to carry out repairs or to prevent an accident (see section 14 of the Railway Regulation Act 1842).

They would normally notify an occupier if they need to gain access, but they don't need to obtain that party's consent- it is purely good practice for them to have given Notice. Strictly speaking, they needn't give Notice, but unless the work is urgent for safety reasons, Notice is normally given.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL


Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.
The bridge ie to be rebuilt to carry heavy freight .It is not a repair or an
emergency. The Act does not appear to cover a new build under these
circumstances. Can they still enter without permission? Or am I clutching
at straws? Sorry to bother you .
Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Thanks for your reply.

I'm afraid they are entitled to access for any work that is required.

Sorry.

Best Wishes
AL