§ Earl Russellasked Her Majesty's Government:
Whether responsibility for ensuring that trees do not fall on railway lines rests with the railway companies, Railtrack, the owners of the land on which the trees are growing or any combination of them. [HL3711]
§ The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Lord Whitty)Where the land is owned by Railtrack, they are responsible for ensuring that all trees are in a safe condition. Owners or occupiers of adjacent land have a responsibility to ensure that trees do not overhang or cause damage to railway land. In addition, Railtrack have common law powers to trim any overhanging trees and statutory powers to remove, or require the removal of, any trees which endanger the line.