Urgent - Irish Rail Clearing Old Tracks - At Our Boundary

[dubinamerica]

My husband heard work at the boundary of our land today and discovered 3 Irish Rail workers cutting down trees. Apparently they have been given the go-ahead due to the west on track campaign . We were not informed of any work by Irish Rail.They are going to cut down all trees at the rear of our property and we are concerned that some of these may be on our side of the boundary . What is the best way to prooceed on this ?? I've looked at the westontrack website and it mentions consultation with land owners. Can we have Irish Rail desist from any further works until we ascertain whether any of the trees are on our boundary ? Should we get a surveyor out to look at this ??

 

[zag]

Contact Irish Rail directly (head office or regional office) and ask to speak to the relevant project engineer. Then just tell him you have a boundary issue and ask him to delay the work temporarily. He may or may not agree, but at least you have given them notice.

Looking at a pressure groups website will only give you indiciative information.

z

 

[dubinamerica]

I left a message in the office and a voice mail for the engineer a little earlier but haven't heard back yet. Any ideas on whether I should get a surveyor in or see if the county council can take a look ?We are concerned that they will tear down trees on our land. We are also worried that they do not have properly qualified people taking down the trees and just have guys hacking away at these. We're worried that they'll misjudge something on this and it will come in on top of our property. are there are regulations or codes around this ? Also - should Ianroid Eireann provide some type of wall later on to seal off the line ? We have a young child and have concerns regarding safety down the road on all of this . Any info at all would be appreciated.

 

[Swallows]

Have you gone out to look to see what they are doing? are they interfering with your property? if they are call the guards.

 

[ajapale]

Is this the west on track you are referring to?

Following preliminary works in Winter and Spring of 2005-2006, official clearance work on the northern section of the line (Claremorris to Collooney) began on the 18th September 2006. The work will be carried out by Iarnród Éireann over the next year. The purpose of the works is to re-establish the boundaries, prevent further deterioration of the line section and prevent any development that may otherwise impinge on the proposed detailed works required for the reopening of the line. Specifically, the works include fencing, hedge cutting, renewal of level crossing gates as well as the provision of some essential drainage, removal of ivy and overgrowth from bridges and the provision of mile posts.

I know that the various railway acts confer some fairly draconian powers on the railway company. As far as I know the railway company can clear trees which encroach on the permanent way even if they are not growing on the railway land.

aj

 

[Pee]

AFAIK Irish Rail have a responsibility of maintaining the boundaries to all tracks and don't have to seek landowners permission to cut/trim ditches/trees. This may not now be the case but it certainly was some years back.

 

[jdwex]

A comment in passing - some people have encroached on the permanent way (on the "WRC") and i think irish rail will make a point of confirming their title.
jd

 

[dubinamerica]

My husband has been keeping an eye on them. The main area is that we're not exactly sure to the inch where the boundary is. There is a wire across the back but it looks as if some of the trees have grown since this was put down so are on the other side of the boundary but they could actually belong to our site. He has asked them not to cut anything that may be in dispute. I think it may make sense to get a surveyor in to run through the exact line with us so we're absolutely sure.

 

[zag]

dubinamerica - I think I remember you were moving to Ireland from the US, so you may not be aware that in general you (or Irish Rail) may cut any branches that encroach onto your property. You (or Irish Rail) must technically return the cuttings to the owner of the tree though . . .

Based on this - Irish Rail are without a doubt allowed cut down branches which come over the border onto the trackbed from your site.

In general they may not cut off anything on your side of the border.

I think there is a provision that the above is subject to the condition that the cutting doesn't endanger the tree - in other words they can't cut so much of the tree that it is bound to die.

However, all of the above may well be different when it comes to railway lines because there is very specific legislation covering what can and can't be done when it comes to railways.

z

 

[jdwex]

I had a look around and came across this- a draft railway order-
http://www.iarnrodeireann.ie/projec...1_GMR_LEGAL_ORDER/GMR_Draft_Railway_Order.pdf

ARTICLE 10
Tree Lopping
1. The Railway Undertaking may lop, remove or cut any tree, shrub or hedgethat obstructs or interferes with any railway works authorised by this Order.

2. With regard to paragraph 1. above, where a tree, shrub or hedge lies on land not owned by the Railway Undertaking and for the purpose of worksauthorised by this railway order, needs to be lopped or cut, the Railway Undertaking shall serve on the owner or occupier of the land or, in the case of a public road, on the Road Authority charged with the maintenance of such road, on which such tree, shrub or hedge is standing, notice in writing of its intention so to lop or cut, and, after the expiration of 28 days from the date of such service the Railway Undertaking may lop or cut any tree, shrub or hedge if the owner or occupier has not already done so.

3. Where an occupier or owner of land cuts or lops any tree, shrub or hedge under this article, the reasonable expense (if any) incurred by him or her in so doing shall be paid to him or her on demand by the Railway Undertaking, and the amount of such expenses shall be recoverable from the Railway Undertaking, in default of agreement, as a simple contract debt in any court ofcompetent jurisdiction.​

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