Network rail advice

[joshuatree]

Hi all

 

I have zero rail experience so was wondering if anyone can help me out with something. 

A clients daughter called me round for some advice the other day regarding some issues with roots from a tree inside network rail land that are coming through to her garden.

They've emailed network rail and given photos but network rail are trying to say it's not off of their tree (photos should show below).

 

The tree is a little elm and they have a small Apple in their garden  which network rail are trying to say is the offending root but it's clearly got a small elm leaf forming on it. 

I won't be completing the work due to it being just past the network rail fenceline but I'm just looking for something I can give to the clients that they can then go back to network rail with. Any help appreciated

Thanks 

Josh

 

[AA Teccie (Paul)]

Whilst the leaf on the sucker would seem fairly definitive, and that should probably be enough, you could have a root analysis identification undertaken by, for instance,  https://www.jcaac.com/tree-root-identification/ to reinforce the issue...the drawback being cost of course.

What's the concern, potential future (direct) damage to the wall...the tree probably won't live long enough to do so?

In principle, regardless of it being NR land, the 'common-law right' to cut back to the property boundary, which applies to both above and below tree parts, i.e. branches and roots, exists. That said, clearly if in so doing tree stability is compromised and subsequently fails causing damage (clearly not the case here) one could find oneself in rather a sticky position  

[joshuatree]

Thanks for the reply Paul. 

 

I hadn't thought of a root analysis. As you say tho it might be a bit too pricey. I had mentioned the common law. And may just suggest to grub it out. Just thought I'd seek some advice as I hear network rail can be funny and have pretty good lawyers.

 

The concern is that they're having their garden landscaped and don't want the roots messing with the new patio and lawn. And ideally want the tree gone. As you say it will die before it gives the wall any trouble but don't think they want to spend 1000s for suckers to keep pushing through. 

Thanks

Josh

 

 

[AA Teccie (Paul)]

In fairness to NR, unless the tree root causes damage, they don't have to act to remove it or prevent future root encroachment. Again a cost factor, and never 100% successful (I'm lead to believe) but maybe a root barrier could be installed along the boundary to reduce the likelihood of future problems.

[Mick Dempsey]

Just grub it out, the tree will be dead in a year or two with DED.

[joshuatree]

Root barrier is a great idea. Do you have any particular reccomendations? 

[joshuatree]

21 minutes ago, Mick Dempsey said:

Just grub it out, the tree will be dead in a year or two with DED.

Yeh you're right Mick. That's what I'll suggest. They can just do it themselves too. Just thought I'd check as I like I said I have no rail experience. Nor do I want any haha. 

[Jon Heuch]

23 hours ago, joshuatree said:

They've emailed network rail and given photos but network rail are trying to say it's not off of their tree (photos should show below).

 

The tree is a little elm and they have a small Apple in their garden  which network rail are trying to say is the offending root but it's clearly got a small elm leaf forming on it. 

I won't be completing the work due to it being just past the network rail fenceline but I'm just looking for something I can give to the clients that they can then go back to network rail with. Any help appreciated

 

 

As Paul has indicated a root ID is probably the best idea but I would suggest going straight to the people that do the ID rather than through a third party - you will probably save a bit of cash. Typically £50-70. You need to include a good cross section including bark. Avoid the smallest roots but that doesn't seem to be your problem.

 

The tree root ID labs are:

 

Richardsons http://www.botanical.net/

EPSL http://www.innovationpropertyuk.com/environmental/services/european-plant-science-laboratory/

No 3 based in Perth, Scotland....no website as far as I am aware

 

They're all incredibly busy at the moment as a result of the 2018 heatwave, so good luck.

 

Root barrier......it's a lot of effort when NR are causing the nuisance & need to abate it themselves.

 

& tell NR they will need to pay for the root ID on top of abating the nuisance.....small claims court etc comes to mind