Harvard To Fence Tracks

Harvard University and CSX Corporation committed on Friday to fixing a fence next to train tracks where two Boston University students were struck and killed last week.

But it is still under dispute as to who bears legal responsibility for the maintenance of the fence, which is next to a rail yard on Harvard-owned land.

The University contends that it has no rights to use or maintain the land, since freight transportation company CSX has an easement on the Beacon Park Yard parcel.

But Harvard spokeswoman Lauren Marshall said the University is concerned about students’ safety in the area. The two Boston University (BU) undergraduates, sophomore Andrew R. Voluck and freshman Molly F. Shattuck, were hit by a Massachusetts Bay Transportation Authority commuter rail train at about 12:50 a.m. Wednesday near BU’s West Campus.

“Even though we’re under no obligation to do this, we feel like we do as good neighbors,” Marshall said. “We’re looking at what can be done, which may include repairing or replacing the fence if that’s what it would take to improve the situation.”

On Friday, Harvard and CSX discussed possible options to fix the fence. The fence has a large hole that may have served as the students’ access point to the tracks, according to BU’s student newspaper, the Daily Free Press.

“We view this as an opportunity to partner with the community, especially with Harvard in this case, to do something to enhance safety,” said CSX spokeswoman Jane Covington.

Citing a 1962 deed, CSX believes responsibility for the fence lies with the Massachusetts Turnpike Authority (MTA)—the land’s previous owner. The MTA, however, maintains that a 1979 amendment to the deed gives CSX responsibility.

The rail company disagrees. Covington said CSX’s attorneys understanding is that the amendment gives CSX obligation of maintenance dealing with railroad operations, but all other maintenance responsibility remain with the property owner.

And while Harvard recently bought the land from MTA, the actual property boundaries are unclear.

“We’re dealing with a lot of historical documents that involve multiple parties, and to further confuse matters, there’s no fence survey that proves all of the fence is even on the property in question,” Covington said.

“We don’t have all the details,” Harvard’s Marshall said.

As the groups determine who has responsibility for the fence, CSX and Harvard spokespeople said other parties may ultimately also join in the safety improvements. CSX will discuss the fence repairs with the MTA as well as BU, whose property abuts the land, Covington said.

—Staff writer Nicholas M. Ciarelli can be reached at ciarelli@fas.harvard.edu.