"Lines of deviation" on old railway plans - what did they actually mean?

[BRX]

I've been looking at quite a few old railway plans recently - the ones that were "deposited" in order to gain a parliamentary bill. They are from the 1860s - 1890s.

The proposed routes are generally shown with a solid continuous line and then two dotted "lines of deviation", one each side of the solid line, at varying distances.

What do these lines actually signify? Do they mean that the railway can build its route anywhere between those dotted lines?

Did they retain any significance after the line was actually built? For example if your property fell inside of that area, but the eventual route didn't actually cross it, would the railway retain any right to build on it?

 

[Andy873]

What do these lines actually signify? Do they mean that the railway can build its route anywhere between those dotted lines?

Did they retain any significance after the line was actually built? For example if your property fell inside of that area, but the eventual route didn't actually cross it, would the railway retain any right to build on it?

These are very good questions!

I've been looking at quite a few old railway plans recently - the ones that were "deposited" in order to gain a parliamentary bill. They are from the 1860s - 1890s.

Firstly, could I ask are these plans online? are you able / allowed to copy them?

Most members on here know which railway line I'm studying but although I know the route like to back of my hand I've never seen the original plans. If you could look them up for me I would be very grateful and I probably could come up with a definitive answer for you, any chance we can help each other here? if so, I can send you the details / dates etc.

 

[unlevel42]

For up-to date information on usage, HS2 and Crossrail have their definitions. e.g. CROSSRAIL INFORMATION PAPER B2 – LIMITS OF DEVIATION
Historic 'deviations' maps are not definitive neither are fences or past/current land use. The railways can use various power to reclaim their land and purchase/re purchase land when necessary for railway purpose like re working cuttings embankments etc. theses can be challenged in court.
Different companies had different rules and arrangements with landowners at the time
New lines would require new legislation.
A problem arises when a railway was not built with Government Act- this can happen when a mineral railway or canal company built or connected to a railway.

 

[stuving]

The Railways Clauses Consolidation Act 1845, clause 15, says this:

This act is still in force, and this clause has not been amended so this is its current text! There was a longer section (clauses 11-14) about vertical deviations, which has been amended, though I think this only affects references to courts, justices, etc.

 

[bspahh]

The Railways Clauses Consolidation Act 1845, clause 15, says this:
View attachment 179247
This act is still in force, and this clause has not been amended so this is its current text! There was a longer section (clauses 11-14) about vertical deviations, which has been amended, though I think this only affects references to courts, justices, etc.

This is the text from the paragraph in the image

XV. It shall be lawful for the Company to deviate from the Line delineated on the Plans so deposited, provided that no such Deviation shall extend to a greater Distance than the Limits of Deviation delineated upon the said Plans, nor to a greater Extent in passing through a Town, Village, or Lands continuously built upon than Ten Yards, or elsewhere to a greater Extent than One hundred Yards from the said Line, and that the Railway by means of such Deviation be not made to extend into the Lands of any Person, whether Owner, Lessee, or Occupier, whose Name is not mentioned in the Books of Reference, without the previous Consent in Writing of such Person, unless the Name of such Person shall have been omitted by Mistake, and the Fact that such Omission proceeded from Mistake shall have been certified in manner herein or in the Special Act provided for in Cases of unintentional Errors in the said Books of Reference.

 

[Gloster]

As far as I understand the solid continuous line indicates the centre line of the railway that is to be built. The dotted lines indicate the limits of the land that the company is allowed to acquire under the statutory powers that it has been granted by the Act. ‘Thus far may you go without further ado if you so wish.’

 

[stuving]

As far as I understand the solid continuous line indicates the centre line of the railway that is to be built. The dotted lines indicate the limits of the land that the company is allowed to acquire under the statutory powers that it has been granted by the Act. ‘Thus far may you go without further ado if you so wish.’

That's not quite how I read it. For lands and owners named in the book of reference accompanying the act, acquisition could be by compulsion. If they did not agree terms and prices with the company, those could be set by a JP, but the owner could not refuse. For extra land required within the limits of deviation, if the owner was named then compulsion could be used. For any new owner, they would have to agree - as worded it seems they would volunteer for the purchase to be compulsory, which sounds paradoxical.

 

[reddragon]

Railways were constructed using a number of documents: -

The actual railway enabling act (e.g. Great Western Railway Act)
Railway Clauses Consolidation Act 1845
Railway Clauses Act 1863
Plan including Line of Deviation
Schedule of properties / features covered by Act

The line of deviation varies in width, dependant on location and enable the railway to be built within those boundaries. It gave the railway powers to build the railway within those limits & compulsory purchase powers.

The railways seemed to have purchased land by parcels and resold the remaining land afterwards. Often by deals back to a different owner now split by the railway. An example of ones I've dealt with church or property land was cleared & another plot was given to the landowners to compensate them beneficially. So much vareity I guess anything was possible.

So afterwards, who owned what land? No idea!

 

[Ploughman]

These are very good questions!


Firstly, could I ask are these plans online? are you able / allowed to copy them?

Most members on here know which railway line I'm studying but although I know the route like to back of my hand I've never seen the original plans. If you could look them up for me I would be very grateful and I probably could come up with a definitive answer for you, any chance we can help each other here? if so, I can send you the details / dates etc.

Do not know which line you are involved with but I have seen at least 3 around the NYMR
1 for the section between Bridge 28 and 32.
1 for the approach to Pickering from the Kirkbymoorside direction South of the present day A170
1 similar to the previous plan but approaching Pickering to the North side of the A170 and entering the station from the North near High Mill crossing.
I believe these are held in the NYMR Archive.

 

[BRX]

Firstly, could I ask are these plans online? are you able / allowed to copy them?

Most members on here know which railway line I'm studying but although I know the route like to back of my hand I've never seen the original plans. If you could look them up for me I would be very grateful and I probably could come up with a definitive answer for you, any chance we can help each other here? if so, I can send you the details / dates etc.

The plans aren't online I'm afraid - they are the product of in-person visits to various archives.

They relate to lines that I know very well - so I am able to compare them with what actually built. Knowing that the lines were allowed to be built anywhere within the lines of deviation makes some sense of various bits where the actual line is some way off the main line marked on the map.

What area are you interested in? I might be able to give some tips on where to look for plans, based on my own experience so far.

 

[reddragon]

I accessed these via Portcullis Library or The British Library! Not easy (or cheap) to find & copy at all.

 

[BRX]

I accessed these via Portcullis Library or The British Library! Not easy (or cheap) to find & copy at all.

Do these libraries have complete collections of all deposited plans?

 

[reddragon]

Do these libraries have complete collections of all deposited plans?

I found full sets of Acts by combined volume rather than individual acts.

Portcullis had the plans & sections too, although finding them is very challenging. We ended up using a researcher to do it and it took a lot of time. I guess The British Library may have had them but we gave up looking.

Getting copies of documents is slow & can cost, especially at The British Library. Phones & cameras (amongst many other things) are banned in both.

BR libraries are good too but you have to apply for documents from afar. More costly & very slow. Also as the experts retire, accessing docs gets harder. Waterloo was always the best to go to.

 

[BRX]

BR libraries are good too but you have to apply for documents from afar. More costly & very slow. Also as the experts retire, accessing docs gets harder. Waterloo was always the best to go to.

I've had some success with the "Network Rail corporate archive" (have to request by email). Is that basically the successor to what you call the "BR libraries"?

 

[reddragon]

I've had some success with the "Network Rail corporate archive" (have to request by email). Is that basically the successor to what you call the "BR libraries"?

Yes, they were in each region, then York / Milton Keynes, now the corporate archives

 

[stuving]

The other place people go to find plans and books of reference is county record offices (a lot of which have now renamed themselves as something else). Copies of those two items in particular had to be made available in every affected parish and other places, so there are usually surviving copies.

The land acquisition process was defined, before the Railway Clauses etc. act, in the Lands Clauses Consolidation Act 1845 (enacted just before the Railway one). If you expected that to be long and very legal, it is. But even that does not include the requirement to lodge copies of the plans and books of reference everywhere.

The duty of sheriffs' and parish etc. clerks to look after them is referred to as being in [7 W. 4. & 1 Vict. c. 83.], now short-titled the Parliamentary Documents Deposit Act 1837. What they are to look after is defined as "such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament", so presumably that's where that comes form.

 

[Andy873]

The plans aren't online I'm afraid - they are the product of in-person visits to various archives.

They relate to lines that I know very well - so I am able to compare them with what actually built. Knowing that the lines were allowed to be built anywhere within the lines of deviation makes some sense of various bits where the actual line is some way off the main line marked on the map.

What area are you interested in? I might be able to give some tips on where to look for plans, based on my own experience so far.

Thanks for the offer of help here, but I think I've tried all the possible avenues bar short of a personal site visit - Thanks anyway!

I accessed these via Portcullis Library or The British Library! Not easy (or cheap) to find & copy at all.

The other place people go to find plans and books of reference is county record offices (a lot of which have now renamed themselves as something else). Copies of those two items in particular had to be made available in every affected parish and other places, so there are usually surviving copies.

These places are indeed locations where plans can be located, but as stated, they are not easy to find and definitely not cheap to obtain a copy. Now I know for instance the British Library has a huge number of historical documents (which is a vast understatement), but wouldn't it be a good idea to get railway plans scanned and available online?

I for one would be happy to pay for a copy, and once scanned and made available online you can then limit any possible damage to the original plans etc. Anything concerning the railway has a ready made market! I know it would be some undertaking but it makes sense to me for one.

Going back to those dotted lines...

As far as I understand the solid continuous line indicates the centre line of the railway that is to be built. The dotted lines indicate the limits of the land that the company is allowed to acquire under the statutory powers that it has been granted by the Act. ‘Thus far may you go without further ado if you so wish.’

I've found over the years on here that @Gloster is usually right on the ball with his comments.

That's not quite how I read it. For lands and owners named in the book of reference accompanying the act, acquisition could be by compulsion. If they did not agree terms and prices with the company, those could be set by a JP, but the owner could not refuse. For extra land required within the limits of deviation, if the owner was named then compulsion could be used. For any new owner, they would have to agree - as worded it seems they would volunteer for the purchase to be compulsory, which sounds paradoxical.

It does sound paradoxical, but if part of the land a railway company wants from you is not very productive, i.e. used for a few sheep to graze on then selling the land would be more beneficial to you.

The acts quoted here are indeed the acts that are invoked within new ones. I had a look again at the two acts that were used to authorise my line of interest, firstly they mention the acts listed above, but the second one has an extra clause in it. Lands for extraordinary purposes - citing the railways clauses consolidation act, 1845 it states shall not exceed 10 acres in addition to any such lands which they have already authority to purchase. This means, at least for the second section of the line the L&Y can if needed get more land but Parliament has put a limit onto just how much the railway company can get (in this case across 2 mile route).