UWC (User Worked Crossings) - Ownership

[reb0118]

Who owns the rail track at UWCs where the land on both sides is owned by the same landowner?

Can that landowner be charged with trespass if they remain on the track at "their" crossing?

 

[Harpo]

The landowner has no ownership of the railway.

The owners are usually farmers and can expect a visit from NR, the BTP or ORR if they compromise the safety of themselves, the railway or farm employees at the crossing.

 

[Annetts key]

Crossings that allow access between areas of private land are called accommodation/occupation crossings.

The 'occupation crossing' was provided where the railway crossed a private road and the 'accommodation crossing' was provided where a new line split a piece of private land in two. At these private crossings, the user was responsible for its safe use – both for their own safety and that of the railway.

The railway owns the area of the crossing within its boundary. However, the landowner may have a right of access over the crossing.

If you have no good reason to be on the crossing, that’s trespass. A right of access is not a right to occupy.

 

[reb0118]

As I suspected. Thanks.