FAQ:

Can you make a driveway across a railroad?

I own land that a railroad runs through the middle of. I would like to build a house on the other side of the railroad that does not have road access. Can I build a driveway that crosses the railroad or is there laws against this?

Answer by railroad dave
contact RR . should be no prob .

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7 Responses to Can you make a driveway across a railroad?

Sue F says:

January 3, 2012 at 4:47 am

Is the railroad a working railroad, with trains crossing on it? If it is, you obviously cannot build a driveway that crosses the railroad. There will be rules and regulations against this, and if you really think about it, it could well be a deadly choice.

Your best choice would be to contact the rail company, and check with the local laws and regulations where you own the land.
Smokies Hiker says:

January 3, 2012 at 4:49 am

You’ll have to contact the owners of the railroad to get a permit for the access drive. Depending on the state in which you reside, this may be complicated. You should probably talk to your attorney about this also. Be sure to check with your insurance company about any special additions needed to your home owners policy that pertains to a private drive crossing a railroad right of way.
Kakashi says:

January 3, 2012 at 5:41 am

Wait if you own the land can’t you make the railroad move their tracks?
Andy Crom says:

January 3, 2012 at 5:55 am

The deeds of the land will probably have the answer! More than likely you cant. if you can it will be mega expensive!
xxx000au says:

January 3, 2012 at 6:40 am

You may own the land on either side but not the land that the railway is on.

It wont be a drive way, it will be a level crossing. It will be subject to both road and railway laws.

You need to approach the railway as these have to be done correctly. Train drivers are required to know the track that they will travel on and one thing most railways require from drivers is to sound the train horn at level crossings. They cant do that if he does not know its there.

The railway will also need to agree on the location as it need to provide ample view along the tracks to be able to see approaching trains.

Remember, if your talking about building a home, that says many other people will be using it not just to build the home but in the years to come. So the crossing has to be safe.
David and Ariana S says:

January 3, 2012 at 6:52 am

I dont know for sure, however I do know that we cross these types of driveways/crossings all the time. It is not uncommon for a person to own land somewhere close to the tracks and have a driveway that leads up to the crossing. I would assume that you would have to talk to the railroad and find out exactly what needs to be done. You will also want to discuss with them the options of making this new crossing a “quiet zone crossing” unless you want to hear the train horns all day long. Good luck.
Imac Blaster says:

January 3, 2012 at 6:52 am

I think you ask it easier for the company itself.