3-mile route vs negative easement

miklcct

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Can a negative easement forbid a route which falls within 3 miles of the shortest route? For example, there is a negative easement forbidding northbound travelling between Horley and northern destinations by double-backing at Gatwick Airport, but such double-backing is still within 3 miles if following the shortest route. Does the negative easement have effect here?
 
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island

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In my opinion yes, but I don't think there's a solid consensus.
 

Watershed

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Can a negative easement forbid a route which falls within 3 miles of the shortest route? For example, there is a negative easement forbidding northbound travelling between Horley and northern destinations by double-backing at Gatwick Airport, but such double-backing is still within 3 miles if following the shortest route. Does the negative easement have effect here?
To find out about the 3 mile rule you must refer to the Routeing Guide - it is not something directly permitted under the NRCoT, as with the shortest route or a direct train. The Routeing Guide contains instructions referring to the possibility of negative easements and so I don't think you can pick and choose which bits of the Routeing Guide you apply.

Accordingly if reliant on a route solely permitted under the Routeing Guide (e.g. mapped or within 3 miles), negative easements apply and can prohibit an otherwise permissible route.

Ultimately if you have a ticket whose validity could be contested, it is always best to rely on an itinerary provided at the time of booking or by NRE, as there can be no doubt that these are contractually valid.
 

4COR

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NRE's journey planner will only sell me two tickets for the above.

At the top of the easements list, it states: " A journey which follows a route otherwise permitted by the Routeing Guide may be forbidden by a negative easement." which would seem to encompass routes within 3 miles of the shortest (as allowed by routeing guide) being forbidden by the negative circuitous journey easement.

(I'm not sure why there needs to be two negative easements in this specific case - one for travel via Redhill, and one specifically for passengers from Victoria - always presumed travel via the Quarry line counts as "via Redhill", and I can't see any other way of getting from Victoria to Horley without going through Redhill? )
 

Watershed

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NRE's journey planner will only sell me two tickets for the above.

At the top of the easements list, it states: " A journey which follows a route otherwise permitted by the Routeing Guide may be forbidden by a negative easement." which would seem to encompass routes within 3 miles of the shortest (as allowed by routeing guide) being forbidden by the negative circuitous journey easement.

(I'm not sure why there needs to be two negative easements in this specific case - one for travel via Redhill, and one specifically for passengers from Victoria - always presumed travel via the Quarry line counts as "via Redhill", and I can't see any other way of getting from Victoria to Horley without going through Redhill? )
Trains on the Quarry Lines aren't timed at Redhill. Accordingly, journey planners are unable to determine that trains via the Quarry Line pass through the vicinity of Redhill if the electronic version of the easement only references Redhill, so a second easement is needed to fully capture all trains.

I don't think an electronic easement can reference a junction, only a station? I'm happy to be corrected on that point though.
 

4COR

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I don't think an electronic easement can reference a junction, only a station? I'm happy to be corrected on that point though.
Interested to hear the answer on this - the fares check may forbid a lot of possible journeys here that could go Quarry, but there must be some that could...
 

kieron

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(I'm not sure why there needs to be two negative easements in this specific case - one for travel via Redhill, and one specifically for passengers from Victoria
As far as the likes of NRE are concerned, there don't have to be two easements. The machine-readable data for 030062 is identical to 030190, and it doesn't match the text for either easement.

Instead, the data is more restrictive, barring all travel from Horley via Gatwick and Earlswood (the last station before the Quarry Line).
 

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