I’m hearing a lot from you, but most times when the Nerwork Rail man tries to make a point, you both talk over him. You may have a point, but your aggressive behaviour is insufferable.
I totally agree but get the sound sorted out so that everybody can actually HEAR what's being said. If they can't hear it properly, they'll use that as an excuse.
It's not about who owns the land, they are in breach of the law on allowing access! They want it on their terms as they state, not what they are legally required to grant.
Due to the fact that neither of you can shut up and listen and let someone else speak foringer than 3 seconds. Your videos come over hugely twisted. Yes get your point over to the person. Yes get it clear to the video watchers but ffs shut up and let's hear the other person's words.
totally agree with this comment, listen to the rail guys WITHOUT interrupting them, let them have their say AND THEN state your case, you both keep going off on tangents , "rail" yourself in, state your "points" and try and "bridge" the gaps between yourselves................................. CHOO CHOO.........................🚂🚂🚂🚂🚂🚂
Totally agree, you behave very aggressively and don't give anyone else a chance to speak. Hats off to the network rail people who manage to keep their cool in a most professional manner.
What an argumentative pair you are. I’m sure that if you cooperate with Network Rail the situation could be resolved quite happily. I speak as someone who owns land bordering the East Coast mail line. If you cooperate with NR it will be to everyone’s advantage and you could gain so much.
How would you be if someone wanted to come onto your property, if your happy then fine but don't degrade those who wouldn't want it! Have seen the right of access documents?
@@vandammesque You’d be surprised how much compensation Network Rail will pay to access the railway across your land and rather than cause damage they leave things in a better state than before they arrived; new fences, gates, drainage etc.
Whats the deal here? There is a right of public access to the railway. The Network Rail guys want to ensure that that access is safe. But this couple who now own the station house property dont want to allow them to do so?
I don't know the full circumstances but I'm guessing the station buildings are your home. My opinion is this. If I were to purchase the station buildings on a working railway and part of the national rail network with an access road to the station, which means serving the building and the platform then I would expect that at some point Network Rail would need to access the track !! Surely that access is going to be sporadic and cause you very little disruption/annoyance. Although an important route for remote communities, it's not exactly like a Glasgow to London main line. Nevertheless Network Rail need to ensure the safety of passengers to the same level here as they would on such a major artery. That means occasional surveys of the track at your location. For that reason I would be happy for them to do that. A degree of common sense should prevail
Looking from Google maps, the house looks newish, to the west of the railway halt. The driveway is the problem, as it looks as though at one stage was the access to the halt.
This station was built on private land it never had a station it was at the time 8 miles from any inhabitants and 10 miles from the nearest road the train company responsible never had a right of way to it 🤷♀️ this is a big corporation riding rough shod over the little man very typical of todays lefty autonomy
The only reason Scotrail want to check the line is to see if it is fit to transport nuclear waste from sellafield by train to a secret location to be dumped do you really think they should let them do that.
The woman is unbearable. Her belligerence is intolerable. She repeatedly says, in a patronising, passive aggressive tone "let me finish, this is important" and then proceeds to go off on a conspiratorial, incoherent rant. The second it's their turn to talk she interrupts multuple times, even when he asked her if he could finish. Just imagine what she's like behind closed doors with her husband! Her husband is more articulate and coherent. Hes less argumentative and more explanatory but still struggles to articulate his viewpoint on the legalities. I hope you win this legal dispute as i cannot stand bullying by big corporations, especially on your own property. If you want a civil and mutual outcome then you really need to ask the wife to refrain from talking. Her argumentative and combative way of conversing will only incite a defensive reaction from network rail and their employees.
There is no bullying. The railway retains right of access to its property to maintain it to the required standards. And, AFAIAA, they own the access road. Now, the dispute is that Network Rail do not, in fact, own the access route. However, it's up to the challenger to prove that that is not the case. Why? Because it was previously the case as the railway has previously had unrestricted access since the line & station were built. For the avoidance of doubt, I'm not saying the landowners are wrong in their assertions, but just that as THEY are trying to change the previous situation, even if it was just custom & practice, the onus is on them to prove it.
Bloody cheek. She is just ery passionate and stressed by a really rediculous situation created by belligerent attitudes and falsehoods from Network Rail and BTP interactions. I wouldn't be quite so calm or polite,,when someone is trying to tell me black is white just because they say so!
This is the second of these videos I have seen . This couple are so argumentative and constantly speak over any visitors in a most controlling and aggressive manner . Moreover , they invited the two Network Rail employees in through the gate and then accused them of trespassing - THERE IS NO LAW OF TRESPASS IN SCOTLAND , therefore the accusation is legal;ly incompetent . If there is a legal pedestrian right of way to the station , then ANYONE is ENTITLED to use it . A right of way can exit through or over private property , and if one is required for a public service , then if need be , a compulsory purchase order can be sought , which would be an end to the matter .
The Trespass (Scotland) Act 1865 explains that Trespass is "the process of entering another person’s property or land without permission’ . So yes Trespass Law does indeed exist in Scotland. The main point is that you would have to prove that you actually have title to the land in dispute first. It would seem that rightly or wrongly what one party claims is public access or Right of Way to the Railway is now claimed to be a private driveway to the old Railway Cottage. Where is the proof?
@@tizme6105 yes but it’s slightly different in Scotland as the law refers specifically to entering land to take up residency. Simply walking through to traverse or access another area with no damage would not constitute trespass. I grew up in Scotland and crossed many farmer’s lands and never once was stopped.
Please try to get those little furry covers which will remove Wind noises from your videos. It should help you tremendously having clear sound for the legal side. Keep Going, you inspire. Happiness
But often not in the way that one wants. If they speak over a sheriff in a similar fashion in a court of law, they risk being held in contempt. Question: have the land "owners" engaged a solicitor to act on their behalf?
Don't speak to us like that, don't you think we got enough on a plate. We've been open about enough already. We will get to additional info when WE are ready, not you!
@ALTNABREAC this seems a weird situation. Network Rail either own the access route or they don't. If they don't then they will either have access rights or they won't. If they have access rights then these will be restricted or unrestricted. If they do not have access rights then these can be applied for through legal means - even against your wishes. Can you inform us what your solicitor thinks about the above points? Ta.
@@str0w4erGood, you rude so and so! Unless you can be helpful or empathetic to these people's situation, then just go away. When they bought the property there should have been a right to access, and they already have it from the Forestry organisation.
Please note what Network Rail John Smith says at these points in the video: - @3:56 Gives his job title as 'Works Delivery Manager' and then tells us that we do not own our own driveway registered on the Registers of Scotland. His 'opinion' as to owns the land is irrelevant. Only a Sheriff in a Civil Court can decide in land disputes after seeing ALL the evidence in the case. The obvious question to ask is if Network Rail had all these rights they claim to have then why are they not ultilising the civil court process to resolve a civil land dispute! Instead, they are abusing the criminal process and using BTP to threaten to arrest us on our own driveway if we prevent them access to get their workers onto our land unlawfully. This is corruption. @4:56: John Smith lies to us when he tells us that 'we don't have the police with us.' This is a blatant lie because BTP were already on the land parked up away from our property out of sight. After we told the Network Rail workers to leave our land the BTP were at our house within approx.15 minutes. It takes over two hours to travel from Inverness where Matt O'Neil and Scot Chapman are based.....The truth is BTP were with them and John Smith lied to us saying they were not.
Lord Carloway's Policing Review page 32 "A Constable must not make threats". If one threatened you, start civil proceedings against them. They be desperate to settle out of court.
Angry and smug Mr Smith, get back to work ! Get back in the MATIX, get off their land. Now I see what the problem is. Him and his kind can't take "NO" for an answer so they turn into KAREN. Try working civilly Mr Smith, it will go a long way in resolving this issue and stop harassing these people, send it all through the legal departments. We know Network Rail can afford it, they can afford to have 64 planks of wood sent from Scotland taking 12 hours or so, they could have bought said wood from the local blinking B&Q 🤪
You might want to think about getting a better microphone. Particularly if all the recordings are done outside in the high wind. There were parts of that I couldn't hear ,so it comes to playing it for a court judge, they will use that as a technicality for not proceedings with the case. You need to be really on the ball with things like this. Corporations have the funding for lots of lies and court cases, so be really careful and make sure you're completely 100% right or you might lose everything.
Filming and documenting is good. However I feel accusing people who disagree with you of lying, whilst understandable from a human point of view, is not really in your own interests. It is somewhat provocative. I gather Network Rail have not had any sort of dialogue with you other than through employees who are not qualified or authorised to make any sort of binding decision on behalf of their company. I am making this judgement on the basis of watching a few videos so it may be incorrect? Have you tried to take any legal action to protect your land, or have you not had sufficient time? I believe you wrote to Network Rail, and have not had a reply, did you set a deadline for a reply?
I'm sorry it seems that you are very passive-aggressive and just want to be as obstructive as possible and you accuse them of being unreasonable but you are completely unequivocally unreasonable.
@MickG-q7z except they are in dispute as to who it is who own part of the property, the couple don't seem to have done anything to prove Network rail are wrong and are just using non official proof taken from Google,they don't deny that there is a public footpath access to the station they just dispute where it is.
No wonder you'll not making any progress, yourself and your partner keep interrupting each other, confusing the poor chap. Keep the questions one at a time and to the point, listen carefully to his reply. Don't bother asking questions that are nothing to do with the chap. When he offered to show you related to his last visit with him pointing to your drive and you said 'yes', that is you inviting him on to the other side of the fence to show you. It's how we have conversation in English, not sure if it's different up in Scotland with language :) Then you go and padlock the gate that the public would usually use to get to/from the station, no wonder the train companies had to close the station to ensure the public weren't presented with a health & safety risk.
i'm sorry but they are there to access work to the line to sort the embankments out to prevent any land slips etc etc plus other essential work. just let them do their job
They can do the work if they give formal Notice of their intent and get the Land Owners Agreement. Scot rail are claiming they own the land which they don’t.
Engage chartered surveyors to establish the ownership of the land, this is recorded on Register of Scotland (ROS). Such issues are common and easily resolved. A topographical survey may be required. The case may have to go to arbitration which is binding.
I think that is the problem...my understanding is that the land has been surveyed and registered as belonging to the couple on the relevant register, but network rail don't seem to be taking any notice if this binding fact. They also don't seem to want to take this to civil court and let a judge decide on the matter. Instead they seem to be just making false, fraudulent claims as well as using threats and intimidation by involving BTP, despite the fact thst the couple are not breaking any laws and that this is a civil matter, not a police matter, except for the criminal behaviour of network rail in this matter!
@@grahamnimmo4656 Network Rail have the legal right to access the railway via adjacent land to repair or maintain the line. There is no necessity to provide local ownership documents - it is covered by the 1842 Railways Act. They would have known this when they bought the property - an even cursory search would have told them this.
@@grahamnimmo4656However, this is not really about ownership rather it is about access. Network Rail either have access or they don't......but this is the caveat they PREVIOUSLY did have access. So, it's up to the new landowners to disprove that access - even if that access was only by custom & practice. Then, even if they can prove that Network Rail have no access, Network Rail can have their legal right of access returned by a court.....ultimately with a compulsory purchase order.
A footpath is not for vehicular access. I doubt Network Rail wish to carry all the materials and equipment to the station. Noting they could in fact use a train to do that as they must do for Corrour station which has no vehicular access.
@@jonathanbuzzard1376 the small gate to the side is access for people on foot to access the station and can be locked but alternative accsess must be provided by law, vehicular access is only achievable by permision of the land owner although right of access for the railways was probably retained at point of sale of the house i hope these people sort it out but i think they will find they legally cannot stop network rail unfortunately 🤷♂️
They haven’t locked the gate, only the grid and vehicle access. When they told the guys to get off their land they aren’t allowed to do that under the Land reform act 2003 and they should know that.
Why is it that the old 6" Ordnance Survey map shows the track as straight, while now it is curved? Could it be that the track we see today going past the house is a new track just to access the house while the original track is further to the East and now buried from view?
Network rail have got away with it for years from what i can see and think they can bulley you into submission! Now they dont know how to go about it. Well done to you both. Ive subscribed.
People who cherry pick legal defenses with limited research and no knowledge of legal process always have a hubris that they’ve cracked the system and have used the system against the system , so we get to watch well meaning people on RUclips chanting meaningless tripe at people like “ Englishman’s home is his castle “ with such a weird smugness that splits the viewers into 2 camps , both avidly watching and enjoying but for polar opposite reasons - critical thinkers who love the dunning Kruger vibe and people who say “ sheeple” who believe the stupidity is actually overthrowing the deep state . I don’t wanna question the posters motives but Keep fighting x
I'm sorry but, having looked at your Title Deed, Network Rail are in the right here. You do not own the land that Network rail are using for access. Ultimately, the only way to settle this dispute is with a boundary surveyor.
Filming everything is good but for god sake let them finish what they have to say and get a copy from the land registry of the layout if it is the same as yours.i am not saying your wrong but you are also being rude at times demanding them off your land yet saying trying to work it out civil.
If its just that Network rail want access through your legal property and bounderies they should offer you money and a legal and binding agreement for so many years to be reveiwed after so many years rather than get your land for nothing and faking everything they can.
A friend had one leg of an electricity pylon in the corner of his garden and was paid an annual fee for them to come on to carry out maintenance . Network rail have no need at all to access the station for maintenance via these peoples' property - THEY CAN COME BY TRAIN , bringing in any and all machinery required . If a better/safer public access is required for passengers , and a car park for travellers , then a compulsory purchase order can be sought . Having said that , if this couple bought the house as former railway property , then rights of access for maintenance etc ought to have been specified in the missives when the sale took place ; if this was omitted , then there is a case against the conveyancing solicitors .
@@stewrmo No, they did the sensible thing. ‘Are you going to let us access the site? No? Okay, we’re not getting into a fight over it’. They had a lot more patience than I do.
They didn’t storm off they asked for access and were denied. Nothing to be done by standing around debating something that is outside their remit. Let the suits decide it.
A grumpy neighbour assumed that I shouldn't be driving up a wide 'path' to access my house and soon afterwards I had the local authority workmen turn up with a row of new concrete bollards, saying that they were intending to install them in order to block my vehicle access. Fortunately, I had a copy of my house deeds to hand and I was luckily there to see them arrive and I immediately realised what was going on. They saw the deeds, and that I was entitled to have access by foot or by vehicle and they went on their way. I wrote a complaint about this and I said that any further blocking actions would be a breach of my 'Human Rights'. Never a word of apology.
The people behind this video make me feel ashamed of being Scottish. They are the most aggressive know it alls I’ve seen in a long time. There are ways of tackling disputes peacefully and their’s is definitely not one of them. Their behaviour as shown in this video is sickening. The meeting with the officials generated heat and frustration but no clarity. This dispute should be a matter for lawyers and surveyors, not the raised voices and cross-talk seen so much in this video.
As a fellow Scot and local to this particular area we welcome people who move into the area but these people are the epitome of the White Settler attitude. We don't do it like this down south and quote English law with a total refusal to accept what the law is in Scotland.
We should all try and understand Lizzie’s frustration she’s done her research and is desperate to make the points that Need to be made, the way I see it you’re allowing all access that you need to ie the footpath that shouldn’t include construction traffic
You need to agree an easement so that thete is some financial gain for access. They can also apply for a warrant from a court if you prevent them to access the track as they have statutory undertaking rights 😊
If your land is burdened by a right of access, it’s burdened - you have to allow access. Rights (easements) run with the land, they are not personal. The rights exist until extinguished or released. Good luck extinguishing a right of way. If your conveyancer didn’t highlight the rights that burden your land prior to your purchase, take it up with them. 😂
That smirk on Mr Smith face when you told him that the Police arrested you the other day was quite telling into their mindset on the dispute you have with them.
I am not too clear on your dispute but the Land Register that keeps getting referred to can be quite wrong and once a property is on there (even though outlined wrongly by some individual) it is very difficult and expensive for it to be altered as my brother found out. Any property we have bought, I insist on getting the old deeds - I don't trust the Land Register. I attended a talk by a property solicitor and she spoke of the draw backs of the Land Register.
Iwas reasing theough the comments and it seems there is a survey, but network rail are ignoring it. I which case the couple should be calling police Scotland and reporting network rail for aggravated tresspass (as they want to commit criminal damage when trespassing) and BTP for harassment.
BR. Could purchase all the Lands adjacent to the Railway Line. A new access route can be made by British Rail. As with all Railway lines, British Rail own the 6' on either side of the track. What they could do. Is erect a 7' Secure Fence along the entity of their Track. Like what CIE/Irish Rail were forced to do by the Irish High Court. Retired Irish Rail Craftsman 🇮🇪🇪🇺
1. You need to get a fur covered microphone to eliminate wind you're losing some of the sound quality. Especially when the Network Rail gentleman is speaking. 2. You need to ask your lawyer to get an injunction against Network Rail that if they do require access to your land, they can only do so with your lawyer being present.
I’ve just been through something similar regarding my son and a silly accusation made by another student whilst in school. My wife went into the first meeting and she audio recorded it and then we both went into another meeting and did the same.. then it was time with the headmaster! We said we want to record but he wasn’t happy and in all honesty, by now it had dragged hours out of our life and we just wanted our sons name cleared so we agreed to carry on this time without recording. Anyway, he wasn’t aware that we recorded the first meeting where the teacher took the other students side straight away and wasn’t willing to listen to our side basically and wanted our son to admit to something he hadn’t done.. he also said somethings which were inappropriate and made my poor wife feel very uncomfortable! One of the things this male teacher admitting to was crying with the other student who was “broken” apparently! What a lovely feeling when I told the headmaster that the original meeting was all recorded and we have everything recorded “you ain’t getting out of this mate, it’s all been recorded”. His face was an absolute picture! They basically all lied and even phone another parent asking if their son (my son’s best mate) would change his story to basically incriminate him into something he didn’t say… then, the same teacher said the parent was lying and that never happened! Thankfully, my son is now home schooled and is doing better than ever and I’m glad he’s out.. all they are interested in is pushing the WOKE agenda and covering their own ass! So all I can say is whenever you are in a situation like this RECORD EVERYTHING.
You two would twist on 21 ! Stop being so selfish! let the lads on to make a safe path for other rail users,bet you complain about the noise from the trains. This will bring forward the closure of that station because of no safe access then nobody gets to use it, I hope you will feel very proud when that happens! If anyone has an accident or hurts themselves on your land while accessing the station then you will be liable.
I’ve watched a few videos now Every time They talk over who ever is there They still have no actual legal representation They just argue and assume they are correct All the while listening to “professionals in the comments” So annoying
Are you taking legal advice, and have you checked the land plans and other parts of your deeds with a solicitor? I ask because mounting your own challenge without legal support is likely to fail. Network Rail is the owner of the land used by the rail network and British Transport Police is the police force that is responsible for enforcement of all laws which cover that land. If Network Rail think they own the land in question then they will continue to enforce their rights. Challenge the ownership of the land in court with the support of a solicitor as the courts are the arbiters in civil actions.
This has been put to them countless times but I think that they prefer to fight it out in the court of public opinion than take sound legal advice and sue the idiots who did the conveyancing on a disputed strip of land. There are significant details to this dispute that are conspicuous by their absence, that being that NR have a right to access their land to maintain their own...if they are not careful, NR could compulsory purchase that strip of land, or worse, their adjacent drive and ban them from accessing their own property which will then be worth zero pounds.
I would like to know if they pay council tax for the land they claim is theirs and not the railways. They would have had a survey when they bought the house which would have set the boundaries. It needs to go to court because all these things can’t be correct at the same time, if they pay council tax on the disputed land and the survey shows it’s theirs then the railway have no claim. I suspect the issue is that the land the railway own is to the right of their land but has grown up and isn’t easily accessible, but that’s just an assumption.
How about getting a wind proof mic you might get more people to watch ,instead of hearing nothing but wind ,but keep doing what you are doing in videoing it ,but remember if these videos are needed in court ,then you might be able to use them the judge etc ,might say they are not able to hear what is said .
Prove ownership without an element of doubt! Maybe let someone else talk ! These officials turn up and all seem so patient with the constant barrage of interuptions!
Corrupt officials helping NR try to fraudulently acquire land. What about NR proving ownership 'beyond any element of doubt.! If they could, they would have utilised the civil process a long time ago but instead abuse the criminal process by using BTP to act as their private security. Can't you see how obvious is it that NR do NOT own any land at Altnabreac! Check out video showing same corrupt officials causing criminal damage to chain to break into land NR do not own! The public should be demanding NR prove they own the driveway like they are falsely claiming.
Because they (network rail) are not pursuing the matter in civil court. Instead they are fraudulently claiming the land to be theirs as well as using BTP as a mechanism to threaten and intimidate the couple into just giving in. This is known as aquiessence in law (if they do as you suggest and just give in and let network rail do what they want on the land) and that would set a legal president that would make any future civil action that the couple may take against network rail, both unlikely to succeed as well as very expensive for themselves, if they were to let them do what they want and then try to fight it later in court.
I’m sure you can’t stop access to rail lines, I get it’s frustrating but they need to use them to carry out work. They can’t just access track anywhere and you could be costing them hundreds of thousands which is most likely why their throwing everything at you
In Scotland we have the right to roam. Over the years though I have found lots of land owners who try to barricade the land with high fencing and locked gates. I have become an expert at climbing over all their obstacles..
@@ALTNABREAC I wouldn't dream of going into your garden area or home. But, I have every right to walk up footpaths or trackways passing by your home or garden. It's not trespassing.. Learn the laws of the land before you pick fights or call the Police. Learn to live with people, especially people who only want to access the local train station..
@@billbhein2949 There is a public right of pedestrian access to the station for members of the public. However, NR need to get permission to access and use land they do not own or have a legal right in law to access. Network Rail are not 'roamers' accessing the land for recreational purposes so your point is irrelevant because it is not about the public being prevented access to the station. Your anger should be directed towards Network Rail and Scotrail to demand the truth of this dispute because they are misleading the public. The only reason the station has been closed for so long s because Network Rail are refusing to follow the proper civil law process to resolve the dispute because they know they do not own the land and are trying to steal it.
Please, please.Just let it be one of you talk , it'll be a damned sight more clearer as to what 'we' can hear and also if it goes to court, the videos more clearer to those making a judgement in what is being said.
Am I correct in saying that this is part of the attempt to re-open the station alongside your property ? There seems to be some political push for this which seems to be driving Network Rail. Google maps satellite view seems to show a disused and overgrown path alongside your property but is not clear. One would hope that you could get a clear ruling on this before too long. Good luck
The station has been open since 1897. According to the BBC news website it was closed last year due to Network Rail not being able to access the station to do maintenance. Very few passengers use the station due to the remote location. I would think there is some right of way to the station since it has been open for well over a hundred years.
I totally support your cause. However...stop talking over Elizabeth...!!! For your own sake you make the explanations given to those trespassers and the BTP more audible.
They know there's a dispute, so they ought to demand court documents from Network Rail before accepting work on that property, or what they're doing is harassment. It's not Network Rail doing this, it's those individual people.
YOU and your wife need to be careful that you don't damage your relationship .Bickering that getting your own point across will be a better argument than your partner means nothing when talking to people who don't care.Your arguments only matter in court❤.
Turn around and jog on boys. You have been asked (told) by the landowners to get off and keep off. Put a notice up on the gate (Private, keep out. trespassers will be prosecuted) My notice says (Private, keep out. Guard dog loose. What's left of trespassers will be prosecuted_
@@wendymiller7422 Yes, by foot, not motors. Look up the bylaws. He can put up stys so people have to climb over them and being the owner he has rights to refuse if people don't respect his property.
@@oldmanonamission8055 There will be an access clause - just like for the waterways - where they can access the railway for maintenance. These people are just chancers.
If he HAD watched until the end of that video, HE would have UNDERSTOOD too! First time I saw the aerial photo next to the line drawing, I understood perfectly. They just don't want to relinquish the control they want you to believe they have.
What access agreement did the Duke of Sutherland give the railway company in the 1860s when the railway was being built. The Duke of Sutherland would have sold the railway company the land to build the railway on condition they built a railway station at Altnabreac.
www.gofundme.com/f/588854-altnabreac-cover-up
I’m hearing a lot from you, but most times when the Nerwork Rail man tries to make a point, you both talk over him. You may have a point, but your aggressive behaviour is insufferable.
@MickG-q7z I’ll treat that remark with the contempt it deserves.
@MickG-q7z I fully intend to do what I want, and I never sought your permission to do so.
@@stevehuddart1991seems you are just as bad as this couple you seem to have an issue with
@@coastalcottagewales8688 That’s a fair point. I apologise.
@@stevehuddart1991 no apology necessary Steve
film everything and dont trust the police EVER!
I totally agree but get the sound sorted out so that everybody can actually HEAR what's being said. If they can't hear it properly, they'll use that as an excuse.
How can he do that, he's married to an ex police woman...!
Do NOT conceed any land otherwise you will lose it!
#concede
@@Dean-t9gyou sir are an idiot, never concede you never get back what you lose, you will learn this as you go through life.
Probably lose it to a compulsory purchase eventually. Can’t fight the railways.
It's not about who owns the land, they are in breach of the law on allowing access! They want it on their terms as they state, not what they are legally required to grant.
Due to the fact that neither of you can shut up and listen and let someone else speak foringer than 3 seconds. Your videos come over hugely twisted. Yes get your point over to the person. Yes get it clear to the video watchers but ffs shut up and let's hear the other person's words.
totally agree with this comment, listen to the rail guys WITHOUT interrupting them, let them have their say AND THEN state your case, you both keep going off on tangents , "rail" yourself in, state your "points" and try and "bridge" the gaps between yourselves................................. CHOO CHOO.........................🚂🚂🚂🚂🚂🚂
Totally agree, you behave very aggressively and don't give anyone else a chance to speak. Hats off to the network rail people who manage to keep their cool in a most professional manner.
What an argumentative pair you are. I’m sure that if you cooperate with Network Rail the situation could be resolved quite happily. I speak as someone who owns land bordering the East Coast mail line. If you cooperate with NR it will be to everyone’s advantage and you could gain so much.
My thoughts exactly
Seconded.
How would you be if someone wanted to come onto your property, if your happy then fine but don't degrade those who wouldn't want it! Have seen the right of access documents?
@@vandammesque You’d be surprised how much compensation Network Rail will pay to access the railway across your land and rather than cause damage they leave things in a better state than before they arrived; new fences, gates, drainage etc.
Because it’s easier to listen to RUclips lawyers than to get there own
A company like NR Haven’t made a Mistake
This won’t end well for them
Whats the deal here?
There is a right of public access to the railway.
The Network Rail guys want to ensure that that access is safe.
But this couple who now own the station house property dont want to allow them to do so?
That is exactly how it is. They are not locals either ! We in Scotland do not do things that way.
I don't know the full circumstances but I'm guessing the station buildings are your home.
My opinion is this. If I were to purchase the station buildings on a working railway and part of the national rail network with an access road to the station, which means serving the building and the platform then I would expect that at some point Network Rail would need to access the track !!
Surely that access is going to be sporadic and cause you very little disruption/annoyance. Although an important route for remote communities, it's not exactly like a Glasgow to London main line. Nevertheless Network Rail need to ensure the safety of passengers to the same level here as they would on such a major artery. That means occasional surveys of the track at your location. For that reason I would be happy for them to do that. A degree of common sense should prevail
Looking from Google maps, the house looks newish, to the west of the railway halt. The driveway is the problem, as it looks as though at one stage was the access to the halt.
NR claims to own the land. This is not something the couple should back down from.
This station was built on private land it never had a station it was at the time 8 miles from any inhabitants and 10 miles from the nearest road the train company responsible never had a right of way to it 🤷♀️ this is a big corporation riding rough shod over the little man very typical of todays lefty autonomy
The only reason Scotrail want to check the line is to see if it is fit to transport nuclear waste from sellafield by train to a secret location to be dumped do you really think they should let them do that.
Common sense is not law..😂
The woman is unbearable. Her belligerence is intolerable. She repeatedly says, in a patronising, passive aggressive tone "let me finish, this is important" and then proceeds to go off on a conspiratorial, incoherent rant. The second it's their turn to talk she interrupts multuple times, even when he asked her if he could finish.
Just imagine what she's like behind closed doors with her husband! Her husband is more articulate and coherent. Hes less argumentative and more explanatory but still struggles to articulate his viewpoint on the legalities.
I hope you win this legal dispute as i cannot stand bullying by big corporations, especially on your own property. If you want a civil and mutual outcome then you really need to ask the wife to refrain from talking. Her argumentative and combative way of conversing will only incite a defensive reaction from network rail and their employees.
There is no bullying. The railway retains right of access to its property to maintain it to the required standards. And, AFAIAA, they own the access road.
Now, the dispute is that Network Rail do not, in fact, own the access route. However, it's up to the challenger to prove that that is not the case. Why? Because it was previously the case as the railway has previously had unrestricted access since the line & station were built.
For the avoidance of doubt, I'm not saying the landowners are wrong in their assertions, but just that as THEY are trying to change the previous situation, even if it was just custom & practice, the onus is on them to prove it.
Bloody cheek. She is just ery passionate and stressed by a really rediculous situation created by belligerent attitudes and falsehoods from Network Rail and BTP interactions. I wouldn't be quite so calm or polite,,when someone is trying to tell me black is white just because they say so!
This is the second of these videos I have seen .
This couple are so argumentative and constantly speak over any visitors in a most controlling and aggressive manner .
Moreover , they invited the two Network Rail employees in through the gate and then accused them of trespassing - THERE IS NO LAW OF TRESPASS IN SCOTLAND , therefore the accusation is legal;ly incompetent .
If there is a legal pedestrian right of way to the station , then ANYONE is ENTITLED to use it .
A right of way can exit through or over private property , and if one is required for a public service , then if need be , a compulsory purchase order can be sought , which would be an end to the matter .
You got it. Compulsory power can be wielded by network rail if desired. This couple are literally on shaky ground.
The Trespass (Scotland) Act 1865 explains that Trespass is "the process of entering another person’s property or land without permission’ . So yes Trespass Law does indeed exist in Scotland. The main point is that you would have to prove that you actually have title to the land in dispute first. It would seem that rightly or wrongly what one party claims is public access or Right of Way to the Railway is now claimed to be a private driveway to the old Railway Cottage. Where is the proof?
@@tizme6105 yes but it’s slightly different in Scotland as the law refers specifically to entering land to take up residency. Simply walking through to traverse or access another area with no damage would not constitute trespass. I grew up in Scotland and crossed many farmer’s lands and never once was stopped.
@@robotsonmars1989 Just because you weren't stopped doesn't mean you were in the right.
@@LAMF24 No Of course but I was in the right because I was passing through while causing no damage or disturbing livestock.
Please try to get those little furry covers which will remove Wind noises from your videos. It should help you tremendously having clear sound for the legal side. Keep Going, you inspire. Happiness
They are just using a phone which is very hard to put a wind cover on. There may be a setting somewhere - it depends on the make and model.
PRIVATE COMPANY THAT GETS HUGE GOVERNMENT PAYMENTS "REGARDLESS OF ANY MISTAKES OR VIOLATIONS OF LAW" THEY WILL BE BAILED OUT BY THE TAX PAYERS 😢
Not a private company Network Rail is owned by the Government
It’s not a private company.
u are thinking of train operators
...and the real losers are the passengers who wish to use this station.... *Get it sorted*
Film and document every single thing, it will all pay off eventually
But often not in the way that one wants. If they speak over a sheriff in a similar fashion in a court of law, they risk being held in contempt.
Question: have the land "owners" engaged a solicitor to act on their behalf?
For God's sake! tell us what your Title Deeds say about access. If you keep this up you will loose support from the public.
Don't speak to us like that, don't you think we got enough on a plate. We've been open about enough already. We will get to additional info when WE are ready, not you!
@@ALTNABREAC Oh Well Then, good luck. I certainly wont be following you anymore. Seems like you are an awkward sod!
@@str0w4er get a grip eh. Nobody is making you watch anything.
@ALTNABREAC this seems a weird situation.
Network Rail either own the access route or they don't.
If they don't then they will either have access rights or they won't.
If they have access rights then these will be restricted or unrestricted.
If they do not have access rights then these can be applied for through legal means - even against your wishes.
Can you inform us what your solicitor thinks about the above points? Ta.
@@str0w4erGood, you rude so and so! Unless you can be helpful or empathetic to these people's situation, then just go away. When they bought the property there should have been a right to access, and they already have it from the Forestry organisation.
Please note what Network Rail John Smith says at these points in the video: -
@3:56 Gives his job title as 'Works Delivery Manager' and then tells us that we do not own our own driveway registered on the Registers of Scotland. His 'opinion' as to owns the land is irrelevant. Only a Sheriff in a Civil Court can decide in land disputes after seeing ALL the evidence in the case. The obvious question to ask is if Network Rail had all these rights they claim to have then why are they not ultilising the civil court process to resolve a civil land dispute! Instead, they are abusing the criminal process and using BTP to threaten to arrest us on our own driveway if we prevent them access to get their workers onto our land unlawfully. This is corruption.
@4:56: John Smith lies to us when he tells us that 'we don't have the police with us.' This is a blatant lie because BTP were already on the land parked up away from our property out of sight. After we told the Network Rail workers to leave our land the BTP were at our house within approx.15 minutes. It takes over two hours to travel from Inverness where Matt O'Neil and Scot Chapman are based.....The truth is BTP were with them and John Smith lied to us saying they were not.
Lord Carloway's Policing Review page 32 "A Constable must not make threats". If one threatened you, start civil proceedings against them. They be desperate to settle out of court.
Can’t you go to the sheriff yourselves? Or file an injunction? It will not end well otherwise, the system is ALWAYS against you
Angry and smug Mr Smith, get back to work ! Get back in the MATIX, get off their land. Now I see what the problem is. Him and his kind can't take "NO" for an answer so they turn into KAREN. Try working civilly Mr Smith, it will go a long way in resolving this issue and stop harassing these people, send it all through the legal departments. We know Network Rail can afford it, they can afford to have 64 planks of wood sent from Scotland taking 12 hours or so, they could have bought said wood from the local blinking B&Q 🤪
You might want to think about getting a better microphone. Particularly if all the recordings are done outside in the high wind. There were parts of that I couldn't hear ,so it comes to playing it for a court judge, they will use that as a technicality for not proceedings with the case.
You need to be really on the ball with things like this. Corporations have the funding for lots of lies and court cases, so be really careful and make sure you're completely 100% right or you might lose everything.
What a terrible shame about the wind. It would have been so nice to clearly hear what was being said.
This is why you should never go commando with a kilt lol
if you can't understand what's being said then you're a bit thick.
Filming and documenting is good. However I feel accusing people who disagree with you of lying, whilst understandable from a human point of view, is not really in your own interests. It is somewhat provocative.
I gather Network Rail have not had any sort of dialogue with you other than through employees who are not qualified or authorised to make any sort of binding decision on behalf of their company. I am making this judgement on the basis of watching a few videos so it may be incorrect? Have you tried to take any legal action to protect your land, or have you not had sufficient time? I believe you wrote to Network Rail, and have not had a reply, did you set a deadline for a reply?
Shield your mic. The wind noise might hide something very important that is said.
Too late for such technical suggestions.
I've read that you can put a bandaid over the microphone to help suppress wind noise, haven't tried it though
This seems to be a confusion between Title and Easement. You may own the land but if they have Easement then they have access.
I'm sorry it seems that you are very passive-aggressive and just want to be as obstructive as possible and you accuse them of being unreasonable but you are completely unequivocally unreasonable.
Totally agree.
@MickG-q7z That's not what is taking place here.
@MickG-q7z except they are in dispute as to who it is who own part of the property, the couple don't seem to have done anything to prove Network rail are wrong and are just using non official proof taken from Google,they don't deny that there is a public footpath access to the station they just dispute where it is.
@@glencoe8251they claiming that they own part of the property that is clearly shown on the records to belong to the couple!
The couple havent shown on camera the plan of of the land they say they own yet still are behaving as poorly as the people they interact with
No wonder you'll not making any progress, yourself and your partner keep interrupting each other, confusing the poor chap. Keep the questions one at a time and to the point, listen carefully to his reply. Don't bother asking questions that are nothing to do with the chap.
When he offered to show you related to his last visit with him pointing to your drive and you said 'yes', that is you inviting him on to the other side of the fence to show you. It's how we have conversation in English, not sure if it's different up in Scotland with language :)
Then you go and padlock the gate that the public would usually use to get to/from the station, no wonder the train companies had to close the station to ensure the public weren't presented with a health & safety risk.
AFAIAA they were all English in the clip.
I have no allegiance either way in this case, but I do get a very belligerent, passive aggressive vibe from you both.
i'm sorry but they are there to access work to the line to sort the embankments out to prevent any land slips etc etc plus other essential work.
just let them do their job
They can do the work if they give formal Notice of their intent and get the Land Owners Agreement. Scot rail are claiming they own the land which they don’t.
@@francispaul5621ScotRail don't own the land - and never had owned the land.
Engage chartered surveyors to establish the ownership of the land, this is recorded on Register of Scotland (ROS). Such issues are common and easily resolved. A topographical survey may be required. The case may have to go to arbitration which is binding.
I think that is the problem...my understanding is that the land has been surveyed and registered as belonging to the couple on the relevant register, but network rail don't seem to be taking any notice if this binding fact. They also don't seem to want to take this to civil court and let a judge decide on the matter. Instead they seem to be just making false, fraudulent claims as well as using threats and intimidation by involving BTP, despite the fact thst the couple are not breaking any laws and that this is a civil matter, not a police matter, except for the criminal behaviour of network rail in this matter!
@@grahamnimmo4656 You start with”I think that is the problem” ergo you do not know.
@@grahamnimmo4656 Network Rail have the legal right to access the railway via adjacent land to repair or maintain the line.
There is no necessity to provide local ownership documents - it is covered by the 1842 Railways Act.
They would have known this when they bought the property - an even cursory search would have told them this.
@@grahamnimmo4656However, this is not really about ownership rather it is about access.
Network Rail either have access or they don't......but this is the caveat they PREVIOUSLY did have access. So, it's up to the new landowners to disprove that access - even if that access was only by custom & practice.
Then, even if they can prove that Network Rail have no access, Network Rail can have their legal right of access returned by a court.....ultimately with a compulsory purchase order.
Publc right off access means you cannot padlock that gate without alternative access to the footpath, typical incomers🤷♂️
A footpath is not for vehicular access. I doubt Network Rail wish to carry all the materials and equipment to the station. Noting they could in fact use a train to do that as they must do for Corrour station which has no vehicular access.
@@jonathanbuzzard1376 the small gate to the side is access for people on foot to access the station and can be locked but alternative accsess must be provided by law, vehicular access is only achievable by permision of the land owner although right of access for the railways was probably retained at point of sale of the house i hope these people sort it out but i think they will find they legally cannot stop network rail unfortunately 🤷♂️
@@jonathanbuzzard1376great. You have seen the access information in the deeds. Can you share?
@@jonathanbuzzard1376there are road/rail vehicles available too.
They haven’t locked the gate, only the grid and vehicle access. When they told the guys to get off their land they aren’t allowed to do that under the Land reform act 2003 and they should know that.
Why is it that the old 6" Ordnance Survey map shows the track as straight, while now it is curved? Could it be that the track we see today going past the house is a new track just to access the house while the original track is further to the East and now buried from view?
Keep up the good fight don't take any crap of anyone keep pushing good luck I will be watching for future updates.
Network rail have got away with it for years from what i can see and think they can bulley you into submission! Now they dont know how to go about it. Well done to you both. Ive subscribed.
Me2
People who cherry pick legal defenses with limited research and no knowledge of legal process always have a hubris that they’ve cracked the system and have used the system against the system , so we get to watch well meaning people on RUclips chanting meaningless tripe at people like “ Englishman’s home is his castle “ with such a weird smugness that splits the viewers into 2 camps , both avidly watching and enjoying but for polar opposite reasons - critical thinkers who love the dunning Kruger vibe and people who say “ sheeple” who believe the stupidity is actually overthrowing the deep state . I don’t wanna question the posters motives but Keep fighting x
Why did the woman, Elizabeth, get defencive when John mentioned she was a former police officer. Why was that?
Give the gentleman a chance to make his point for goodness sake
I'm sorry but, having looked at your Title Deed, Network Rail are in the right here. You do not own the land that Network rail are using for access. Ultimately, the only way to settle this dispute is with a boundary surveyor.
I don't think it's a driveway you have, in Scotland we tend to call this a Ransom strip. I'm sure you will get what you are due, NOWT
Lockable gate, or build up mounts of earth, physical barriers. Then if they cut locks or chains, or flatten earth barriers it'll be criminal damage.
And if they legally have right of way?
What a shame, sold there 3 bed house in Salford, bought the Scottish Highlands, and don't want anyone standing in them!
Aye same auld shite
It's not the standing that they have issue with, it's the machinery and mistreatment.
Yes very true. These people come here from a city & have not learned that we locals do not behave that way.
Filming everything is good but for god sake let them finish what they have to say and get a copy from the land registry of the layout if it is the same as yours.i am not saying your wrong but you are also being rude at times demanding them off your land yet saying trying to work it out civil.
If its just that Network rail want access through your legal property and bounderies they should offer you money and a legal and binding agreement for so many years to be reveiwed after so many years rather than get your land for nothing and faking everything they can.
A friend had one leg of an electricity pylon in the corner of his garden and was paid an annual fee for them to come on to carry out maintenance . Network rail have no need at all to access the station for maintenance via these peoples' property - THEY CAN COME BY TRAIN , bringing in any and all machinery required .
If a better/safer public access is required for passengers , and a car park for travellers , then a compulsory purchase order can be sought . Having said that , if this couple bought the house as former railway property , then rights of access for maintenance etc ought to have been specified in the missives when the sale took place ; if this was omitted , then there is a case against the conveyancing solicitors .
@@derekheeps1244Yep I don’t think this couple are winning this one…
Infrastructure services are usually very good, and even pay out if they cause damage.
Correct ! These people are not local but city people who choose to come here . We do not behave like that in Scotland.
You remained very polite in the face of provocation - well done!!
the two gentlemen remained polite in the face of provocation ; the opposite is true of the other pair , who posted this video .
@@derekheeps1244The Network Rail employees were polite throughout. The crazy couple kept interrupting themselves, never mind anyone else.
Did they, I thought they were belligerent and rude whilst the NR reps were professional throughout.
The fact that they stormed off, not breaking off discussions in a NORMAL, POLITE way, speaks volumes of their attitudes...One love fae Inverclyde. 💙
@@stewrmo No, they did the sensible thing. ‘Are you going to let us access the site? No? Okay, we’re not getting into a fight over it’.
They had a lot more patience than I do.
They didn’t storm off they asked for access and were denied. Nothing to be done by standing around debating something that is outside their remit. Let the suits decide it.
Great work 👍😎keep up the amazing eve dance
A grumpy neighbour assumed that I shouldn't be driving up a wide 'path' to access my house and soon afterwards I had the local authority workmen turn up with a row of new concrete bollards, saying that they were intending to install them in order to block my vehicle access.
Fortunately, I had a copy of my house deeds to hand and I was luckily there to see them arrive and I immediately realised what was going on.
They saw the deeds, and that I was entitled to have access by foot or by vehicle and they went on their way.
I wrote a complaint about this and I said that any further blocking actions would be a breach of my 'Human Rights'.
Never a word of apology.
The people behind this video make me feel ashamed of being Scottish. They are the most aggressive know it alls I’ve seen in a long time. There are ways of tackling disputes peacefully and their’s is definitely not one of them. Their behaviour as shown in this video is sickening. The meeting with the officials generated heat and frustration but no clarity. This dispute should be a matter for lawyers and surveyors, not the raised voices and cross-talk seen so much in this video.
Bearing in mind that they are both English, I see no reason for you being ashamed of being Scottish!
They are asking for the matter to be sorted out in court.
They want to settle the matter peacefully, the other side wants to drive bulldozers through their property.
These people are not Scots They come from the city. It shows by the way they are behaving !
As a fellow Scot and local to this particular area we welcome people who move into the area but these people are the epitome of the White Settler attitude. We don't do it like this down south and quote English law with a total refusal to accept what the law is in Scotland.
We should all try and understand Lizzie’s frustration she’s done her research and is desperate to make the points that Need to be made, the way I see it you’re allowing all access that you need to ie the footpath that shouldn’t include construction traffic
you both need to "mic up" otherwise as it always seems very windy at your location, some IMPORTANT information may be missed out !
You need to agree an easement so that thete is some financial gain for access. They can also apply for a warrant from a court if you prevent them to access the track as they have statutory undertaking rights 😊
If your land is burdened by a right of access, it’s burdened - you have to allow access. Rights (easements) run with the land, they are not personal. The rights exist until extinguished or released. Good luck extinguishing a right of way. If your conveyancer didn’t highlight the rights that burden your land prior to your purchase, take it up with them. 😂
100% !!!!!!! Surely this was made clear before purchase UNLESS it's different in Scotland?
We're willing to work it out Civilly. 💥💵💰💵💥
That smirk on Mr Smith face when you told him that the Police arrested you the other day was quite telling into their mindset on the dispute you have with them.
I am 100% behind you this is crazy situation you are in they are bullies if you do let them in you need to charge them daily fee like ulez
I am not too clear on your dispute but the Land Register that keeps getting referred to can be quite wrong and once a property is on there (even though outlined wrongly by some individual) it is very difficult and expensive for it to be altered as my brother found out. Any property we have bought, I insist on getting the old deeds - I don't trust the Land Register. I attended a talk by a property solicitor and she spoke of the draw backs of the Land Register.
Good Luck with your case against them.
Why has other video been taken down ? it was very intresting
Wouldn't an independent boundary survey resolve this?
Iwas reasing theough the comments and it seems there is a survey, but network rail are ignoring it. I which case the couple should be calling police Scotland and reporting network rail for aggravated tresspass (as they want to commit criminal damage when trespassing) and BTP for harassment.
@@anonymouscyclist1233 They have the right to access the railway line through any adjacent land. Saying who owns it is just muddying the water.
Put in a subject access request for all communications within Network Rail and to the BTP, you can find out what they were saying about you.
BR. Could purchase all the Lands adjacent to the Railway Line. A new access route can be made by British Rail.
As with all Railway lines, British Rail own the 6' on either side of the track. What they could do. Is erect a 7' Secure Fence along the entity of their Track. Like what CIE/Irish Rail were forced to do by the Irish High Court.
Retired Irish Rail Craftsman
🇮🇪🇪🇺
Stand up for your rights and dig your heels in and don't give up!
What exactly are their right s in this matter though? Have they got legal advice and applied to the Court?
1. You need to get a fur covered microphone to eliminate wind you're losing some of the sound quality. Especially when the Network Rail gentleman is speaking.
2. You need to ask your lawyer to get an injunction against Network Rail that if they do require access to your land, they can only do so with your lawyer being present.
Perhaps a fur covered mask on her mouth would work just as well.
Guys, please don't both keeping speaking at the same time, one at a time please and let the people speak without interrupting.
Well done you two …..👏👍
I’ve just been through something similar regarding my son and a silly accusation made by another student whilst in school. My wife went into the first meeting and she audio recorded it and then we both went into another meeting and did the same.. then it was time with the headmaster! We said we want to record but he wasn’t happy and in all honesty, by now it had dragged hours out of our life and we just wanted our sons name cleared so we agreed to carry on this time without recording.
Anyway, he wasn’t aware that we recorded the first meeting where the teacher took the other students side straight away and wasn’t willing to listen to our side basically and wanted our son to admit to something he hadn’t done.. he also said somethings which were inappropriate and made my poor wife feel very uncomfortable! One of the things this male teacher admitting to was crying with the other student who was “broken” apparently!
What a lovely feeling when I told the headmaster that the original meeting was all recorded and we have everything recorded “you ain’t getting out of this mate, it’s all been recorded”. His face was an absolute picture!
They basically all lied and even phone another parent asking if their son (my son’s best mate) would change his story to basically incriminate him into something he didn’t say… then, the same teacher said the parent was lying and that never happened!
Thankfully, my son is now home schooled and is doing better than ever and I’m glad he’s out.. all they are interested in is pushing the WOKE agenda and covering their own ass!
So all I can say is whenever you are in a situation like this RECORD EVERYTHING.
Welldone
Can network rail in scotland get a CPO to gain access to the land
Compulsory purchase order
You two would twist on 21 ! Stop being so selfish! let the lads on to make a safe path for other rail users,bet you complain about the noise from the trains. This will bring forward the closure of that station because of no safe access then nobody gets to use it, I hope you will feel very proud when that happens! If anyone has an accident or hurts themselves on your land while accessing the station then you will be liable.
I’ve watched a few videos now
Every time
They talk over who ever is there
They still have no actual legal representation
They just argue and assume they are correct
All the while listening to “professionals in the comments”
So annoying
Because they cannot afford it. (these are not Scots or locals They have come here from a City !
Invested in this 👍 good luck guys don't let the b stards grind you down.
Audio too wind noisy to watch. Don't waste your time folks.
Are you taking legal advice, and have you checked the land plans and other parts of your deeds with a solicitor?
I ask because mounting your own challenge without legal support is likely to fail.
Network Rail is the owner of the land used by the rail network and British Transport Police is the police force that is responsible for enforcement of all laws which cover that land. If Network Rail think they own the land in question then they will continue to enforce their rights. Challenge the ownership of the land in court with the support of a solicitor as the courts are the arbiters in civil actions.
This has been put to them countless times but I think that they prefer to fight it out in the court of public opinion than take sound legal advice and sue the idiots who did the conveyancing on a disputed strip of land. There are significant details to this dispute that are conspicuous by their absence, that being that NR have a right to access their land to maintain their own...if they are not careful, NR could compulsory purchase that strip of land, or worse, their adjacent drive and ban them from accessing their own property which will then be worth zero pounds.
My Understanding is they are unwilling to get a survey and are working off satellite images to prove their point.
I would like to know if they pay council tax for the land they claim is theirs and not the railways. They would have had a survey when they bought the house which would have set the boundaries. It needs to go to court because all these things can’t be correct at the same time, if they pay council tax on the disputed land and the survey shows it’s theirs then the railway have no claim. I suspect the issue is that the land the railway own is to the right of their land but has grown up and isn’t easily accessible, but that’s just an assumption.
www.fofnl.org.uk/newsletters/22Feb/22feb23.php
Wasn’t this all worked out when you purchased the place?
What do your deeds say about access?
They don’t say, do they.
How about getting a wind proof mic you might get more people to watch ,instead of hearing nothing but wind ,but keep doing what you are doing in videoing it ,but remember if these videos are needed in court ,then you might be able to use them the judge etc ,might say they are not able to hear what is said .
Prove ownership without an element of doubt! Maybe let someone else talk ! These officials turn up and all seem so patient with the constant barrage of interuptions!
Corrupt officials helping NR try to fraudulently acquire land. What about NR proving ownership 'beyond any element of doubt.! If they could, they would have utilised the civil process a long time ago but instead abuse the criminal process by using BTP to act as their private security. Can't you see how obvious is it that NR do NOT own any land at Altnabreac! Check out video showing same corrupt officials causing criminal damage to chain to break into land NR do not own! The public should be demanding NR prove they own the driveway like they are falsely claiming.
Just shows how the management in the companies roll !
Brilliant keep up the good work fight them all the way
Regardless of who owns what, why not just give them access to carry out the maintenance and you can determine the land ownership in court?
Because they (network rail) are not pursuing the matter in civil court. Instead they are fraudulently claiming the land to be theirs as well as using BTP as a mechanism to threaten and intimidate the couple into just giving in. This is known as aquiessence in law (if they do as you suggest and just give in and let network rail do what they want on the land) and that would set a legal president that would make any future civil action that the couple may take against network rail, both unlikely to succeed as well as very expensive for themselves, if they were to let them do what they want and then try to fight it later in court.
The video camera - The biggest fear of the corrupt
Build a gate across the driveway. Clamp any vehicle on your land.
Can't clamp...thst is illegal but you can move them off your land as well as put a contract t notice up like other private car parks do!
I’m sure you can’t stop access to rail lines, I get it’s frustrating but they need to use them to carry out work. They can’t just access track anywhere and you could be costing them hundreds of thousands which is most likely why their throwing everything at you
They maintain the track at night and do safety checks every Sunday/Monday by railcar
The wind spoils this and perhaps future videos.
In Scotland we have the right to roam. Over the years though I have found lots of land owners who try to barricade the land with high fencing and locked gates.
I have become an expert at climbing over all their obstacles..
We welcome the public at Altnabreac. Just be careful you don't trespass though!
@@ALTNABREAC I wouldn't dream of going into your garden area or home. But, I have every right to walk up footpaths or trackways passing by your home or garden. It's not trespassing..
Learn the laws of the land before you pick fights or call the Police.
Learn to live with people, especially people who only want to access the local train station..
@@billbhein2949 There is a public right of pedestrian access to the station for members of the public. However, NR need to get permission to access and use land they do not own or have a legal right in law to access. Network Rail are not 'roamers' accessing the land for recreational purposes so your point is irrelevant because it is not about the public being prevented access to the station. Your anger should be directed towards Network Rail and Scotrail to demand the truth of this dispute because they are misleading the public. The only reason the station has been closed for so long s because Network Rail are refusing to follow the proper civil law process to resolve the dispute because they know they do not own the land and are trying to steal it.
00:01 Drinking Game:
Have a wee dram every time someone says the three words _"let me finish"_ 😄
🥃🥃🥂🥃🥃
Please, please.Just let it be one of you talk , it'll be a damned sight more clearer as to what 'we' can hear and also if it goes to court, the videos more clearer to those making a judgement in what is being said.
appears the house owner has fenced off a public lane with public access - why fighting with engineers
How do you know there is a public right of access ?
@@polla2256How do you know there isn't
Am I correct in saying that this is part of the attempt to re-open the station alongside your property ? There seems to be some political push for this which seems to be driving Network Rail. Google maps satellite view seems to show a disused and overgrown path alongside your property but is not clear. One would hope that you could get a clear ruling on this before too long. Good luck
The station has been open since 1897. According to the BBC news website it was closed last year due to Network Rail not being able to access the station to do maintenance. Very few passengers use the station due to the remote location. I would think there is some right of way to the station since it has been open for well over a hundred years.
WTF …….what a load of palaver which could easily solved ! 😂
If they just give up they lose their land. Its not just as simple as let them in. They're disputing ownership.
Then they should seek legal advice and apply to the Court if they think their rights are being infringed
What’s the problem , do NWR need your land for access to track ?
I totally support your cause. However...stop talking over Elizabeth...!!! For your own sake you make the explanations given to those trespassers and the BTP more audible.
They know there's a dispute, so they ought to demand court documents from Network Rail before accepting work on that property, or what they're doing is harassment. It's not Network Rail doing this, it's those individual people.
Correct. These people are not locals or Scots .They come from a city. They need the learn we in Scotland do not behave like this .
WORD OF ADVICE. GET SOMETHING THAT WILL HELP WITH THE WIND PROBLEM ON YOUR CAMERA. YOU'LL NEED TO MAKE SURE EVERYTHING THEY SAY IS CLEAR.
YOU and your wife need to be careful that you don't damage your relationship .Bickering that getting your own point across will be a better argument than your partner means nothing when talking to people who don't care.Your arguments only matter in court❤.
Turn around and jog on boys. You have been asked (told) by the landowners to get off and keep off.
Put a notice up on the gate (Private, keep out. trespassers will be prosecuted)
My notice says (Private, keep out. Guard dog loose. What's left of trespassers will be prosecuted_
It’s a public right of way - they may own it but the public has access to it
@@wendymiller7422 Yes, by foot, not motors. Look up the bylaws. He can put up stys so people have to climb over them and being the owner he has rights to refuse if people don't respect his property.
@@oldmanonamission8055 There will be an access clause - just like for the waterways - where they can access the railway for maintenance. These people are just chancers.
@@oldmanonamission8055 oh btw - pigs live in sty’s. Did the bylaw cover that?
@@wendymiller7422 I meant stile but was thinking of the police while writing it.
I guess you don't fully understand the meaning of FOOTPATH.
Definitely need a fluffy mouse thing for the microphone pal 👍
if it is legally your land then it is your right, keep up the fight
Ive not seen anybody show you a warrant not once
If he HAD watched until the end of that video, HE would have UNDERSTOOD too! First time I saw the aerial photo next to the line drawing, I understood perfectly. They just don't want to relinquish the control they want you to believe they have.
The map is definitive. Not misaligned satellite imagery
@@laughingboy279 I'm laughing at YOU, boy. BwahahahahhHA!
@@maarten_notjustagrip Good point well made 😵💫
Why hasn’t the ownership of the land been decided by a court?
What access agreement did the Duke of Sutherland give the railway company in the 1860s when the railway was being built.
The Duke of Sutherland would have sold the railway company the land to build the railway on condition they built a railway station at Altnabreac.
Yep