Railways Clauses Consolidation (Scotland) Act 1845

LXWorks to be erected for the Accommodation of adjoining Lands.

The Company shall make and at all Times thereafter maintain the following Works for the Accommodation of the Owners and Occupiers of Lands adjoining the Railway ; (that is to say,)

• Gates, Bridges, &c. :

  Such and so many convenient Gates, Bridges, Arches, Culverts, and Passages over, under, or by the Sides of or leading to or from the Railway as shall be necessary for the Purpose of making good any Interruptions caused by the Railway to the Use of the Lands through which the Railway shall be made; and such Works shall be made forthwith after the Part of the Railway passing over such Lands shall have been laid out or formed, or during the Formation thereof :

• Fences :

  Also sufficient Posts, Rails, Hedges, Ditches, Mounds, or other Fences for separating the Land taken for the Use of the Railway from the adjoining Lands not taken, and protecting such Lands from Trespass, or the Cattle of the Owners or Occupiers thereof from straying thereout, by reason of the Railway, together with all necessary Gates made to open towards such adjoining Lands, and not towards the Railway, and all necessary Stiles; and such Posts, Rails, and other Fences shall be made forthwith after the taking of any such Lands, if the Owners thereof shall so require, and the said other Works as soon as conveniently may be:

• Drains :

  Also all necessary Arches, Tunnels, Culverts, Drains, or other Passages, either over or under or by the Sides of the Railway, of such Dimensions as will be sufficient at all Times to convey the Water as clearly from the Lands lying near or affected by the Railway as before the making of the Railway, or as nearly so as may be; and such Works shall be made from Time to Time as the Railway Works proceed:

• Watering Places.

  Also proper Watering Places for Cattle where by reason of the Railway the Cattle of any Person occupying any Lands lying near thereto shall be deprived of Access to their former Watering Places ; and such Watering Places shall be so made as to be at all Times as sufficiently supplied with Water as theretofore, and as if the Railway had not been made, or as nearly so as may be ; and the Company shall make all necessary Watercourses and Drains for the Purpose of conveying Water to the said Watering Places :

Provided always, that the Company shall not be required to make such Accommodation Works in such a Manner as would prevent or obstruct the working or using of the Railway, and that the Company may, in lieu of such Accommodation Works, make Compensation to the Owners and Occupiers of the Lands, for the Want thereof, in such Manner as may be agreed upon between the Company and such Owners and Occupiers, nor to make any Accommodation Works with respect to which the Owners, Lessees, and Occupiers of the Lands shall have agreed to receive and shall have been paid Compensation instead of the making of them.