Dealing with Ontrack

Subdivisions, level crossing, statutory use, deed of grant and Ontrack.

The information on this page relates to negotiations regarding subdivision and continued use of rail crossing. We considered subdividing a large piece off from family land in Canterbury bisected by the rail line. Local district council would not provide subdivision consent until we had "unconditional consent" from Ontrack to use the crossing that was already in place.

According to them it was "informal" despite having been used by the farm for the last 50 years or more. An insider was able to tell us that (at least at some point) the crossing has been considered "statutory" from the time when the rail way land was taken from the farmers under the Public Works Act to establish a railway nationwide for the good of the country.

When Ontrack was asked about the statutory status they informed us that any land that was or will be subdivided looses all statutory crossing rights. A clever way to slowly erase statutory crossings out of existence each time land is subdivided.