Bespoke property consultancy dedicated to advising and representing landowners and tenants in access and other negotiations with Network Rail

Q: Who are Forton Consulting?

 

Forton Consulting are the UK’s only bespoke firm of Chartered Surveyors dedicated to protecting the interests of Landowners and Tenants when approached by Network Rail (and their appointed Engineers and sub-contractors) for access to repair, upgrade and maintain the railway network.

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Based in the West Midlands they undertake a range of specialist professional services, primarily representing Landowners who have been approached by Network Rail. They are highly experienced in all aspects of engineering projects, whether small or large and have an established track record in being part of the team delivering some of the UK's most critical railway infrastructure projects.

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Q: What is the key strategy when dealing with Network Rail?

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One word. Negotiation.

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The majority of requests to access, purchase, occupy or otherwise interfere with the day-to-day operations of land owned or tenanted will usually commence with a letter from Network Rail's appointed Agents (for example Carter Jonas, Bruton Knowles or Savills) which will set out brief details of what is being proposed, an indicative timescale and usually an outline plan.

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It is at this point you should consider appointing a firm of RICS regulated Chartered Surveyors with expertise in this complex area which often requires a range of skills including communication, valuation, negotiation and liaison with other professionals including Solicitors, Accountants and Engineers. We understand all of the complexities so you don’t have to.

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Q: Who are Network Rail?

 

Network Rail owns, operated and develops Britain’s railway infrastructure consisting of 20,000 miles of track, 30,000 bridges, tunnels and viaducts and all the signals, level crossings and stations.

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Every year they undertake thousands of projects of varying complexity, from the small (for example replacing signals) to large (for example major earthworks to prevent landslides). These projects can be undertaken by its own engineers or under contract to companies such as J Murphy & Sons Ltd, Amey Rail, Balfour, Babcock etc. 

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Q: What happens if I do not wish to negotiate to allow access?

 

It is extremely rare for a landowner or occupier to refuse to negotiate with Network Rail’s appointed Agents,. However when this does happen (in our experience) it is generally as a result of not appointing someone who understands all of the complex procedures and is able to convey this in plain English.

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It is also very common for legacy issues and problems experienced by the landowner / occupier to cloud the judgement, for example if reinstatement works were not completed entirely to their satisfaction 15 years ago, it is likely this will still be at the forefront of their minds when future access is requested.

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In terms of Network Rail being able to force access there are only a very limited number of options available to them, largely as a result of ambiguous legislation dating back to the earliest days of the railway. For example, The Railways Regulations Act of 1842 is still current law and provides that the railways authority at the time may take access 'whereas it is essential for the public safety and also for the proper maintenance of the railways'. In our experience the vague nature of this Act makes it almost impossible for Network Rail to rely on. 

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There is very little written or published material about this subject (mainly as negotiations take place behind closed doors and are rarely made public) however if a landowner makes unreasonable demands or refuses access to be taken, Network Rail may (in very exceptional circumstances) apply to the Department for Transport (DfT) to use their powers to force access. As this is a very expensive and time-consuming process it would only be used in very exceptional circumstances. In our experience, negotiation to settle is always a better option.

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Q: What can I expect to receive if you allow access for temporary possession?

 

If appointed by you, we will guide you through every detail of what you can expect to receive, as summarised by the following key headings:

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• Licence fee for temporary occupation

This is generally calculated on a weekly basis for a set amount of weeks, for example £250 per week x 60 weeks of occupation. You can expect to receive this in a one-off payment before access is taken.

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• Overrun payments

We are experienced in ensuring any licence document you sign has the correct overrun clauses. This means that if the works continue beyond the agreed duration you will receive a weekly payment at a pre-agreed rate.

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• Reinstatement

It is only correct that your land and property is put back to your absolute satisfaction once the engineering works have been completed. We will undertake all pre and post completion inspections which are invaluable when negotiating how your property is to be left after works have completed and the Engineers leave site. This can involve negotiating to leave certain items and finishes (for example tarmac and concrete) which can often benefit you in the long term, especially if you are planning to develop these areas for alternative uses.

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• Disturbance

Most access requests will involve a degree of disruption which needs to be carefully managed through dialogue with many different parties including the Network Rail property team, their appointed Agents, their legal advisors, Site Managers and Engineers. We are experienced in all of these areas and can address quickly all of your concerns. We generally negotiate a disturbance payment in addition to any licence fee to ensure you are 100% happy with the works taking place.

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• Payment for land purchased

It is commonplace for large engineering projects adjacent to railway infrastructure to require small boundary adjustments and this will usually mean you will be asked to sell pieces of your land to facilitate this. We are experienced in every part of these purchase requests and will handle every part of the process including liaising with your legal and financial advisors. 

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Q: Can you represent me in a HS2 issue?

 

Although we ​specialise in access requests by Network Rail, we will consider these requests on a case by case basis. If we are unable to assist (for example due to it being outside of our geographic coverage area) we will assist you (at no cost) in finding a suitable Chartered Surveyor to represent you.

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Q: Who pays for your services?

 

It is generally accepted practice that all professional fees are paid for directly by Network Rail. Once we are instructed by you to act on your behalf we will obtain an undertaking for our fees to be covered, meaning you will be protected from any associated costs in using our services. We will never incur fees you are responsible for without agreeing this in writing with you first.

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Q: What happens if I already have an agent representing me, however wish to obtain a second opinion?

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It is commonplace for a Landowner or Tenant to already have their own professional representation, however they may not be experienced in this complex area of property and negotiation. We are more than happy to act as independent experts to provide you and your own advisors with the benefits of our experience, whether this is simply a second opinion or something more complex. Do contact us providing as much information as possible which will help with providing you with a full response including our fee proposals for this type of service.

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