You need to get "Private Property signs" and "No Trespassing signs" put up. Do not let them push you into something you don't want or need. If you give an inch they will tale a mile. Good luck to you both. Watching from Canada.
GO and get a proper Land Surver, then an injuction for tresspass against the railway, and use the Land Survery as PROOF its a valid complaint. SURE its gonna cost money, but when your backs against the wall, you have to have evidence that will stick in a court of law(im no lawyer and this is only my opinion as its the route i would take to stop anyone from infringing/trespassing)n
Yes but he may have contacts in Scottish law that can assist. Spread this as far as social media allows. It’s absolutely disgusting the way you’re being bullied. I love your professional approach, maybe Network rail should give you a job.
Rather than suing them for damages to the land and the emotional stress, you could first go for an injunction to stop them working while you wait for a court date to decide on the access issue. Would the solicitor that represented the previous owner represent you too? Afterall they'd know some of the important back story to the situation.
@@dianawoodall9897There has to be a valid legal basis for that otherwise signs aren't worth the materials they use! Stop wasting time on YT and get it to court!
I have a simple question. My understanding is that this dispute has been going on for years, even before the current owners bought the property. So why have NR been unable to get the case to court and have the court declare that they are entitled to go onto the land. Could it because the case is not as strong as NR like to pretend it is?
its much easier to try to bully people than to get lawyers and trials you might lose. If whatever predicate they've used here to try to appropriate someone else's land has been used elsewhere, they might end up creating a precedent where previous land appropriations are deemed illegal. all sorts of potential issues.
This needs to go to a law court urgently. What is your solicitor doing? At least seek to get a court injunction until it's resolved. Posting here will not help! You need the law courts to resolve this.
Land tribuneral, maybe read about eminant domain/compulsory purchase if it really is your land .. Perhaps they should have got some sound legal advice from a solicitor..
@@justinstephenson9360 and " go fund me" my questions are: Did they know that NR had a claim on the property before they bought the property, and decided to buy knowing that there was a boundary dispute? if so, a bit cheeky in starting a GFM. What did their solicitor notify them of ? Did the prior owner know of pending work, access issue, and boundary dispute and not disclose ? Mind boggling ?
If you want people to watch your videos without being put off, you might want to invest in some wind noise cancelling on your camera mic, the wind noise is almost unbearable.
Too many assumptions on both sides....also, i cant help but think that the current owners are not letting on to pertinent details in order to get the public on their side.....im baffled why they still havent employed a lawyer...summats not right there.
Don’t you think if NR actually had legal access, that they would’ve used it by now!? 🤔 and the landowners seem to be reasonable enough to accept the law. Once it is proven. An educated guess says they DO NOT have legal access.
@@doonhamer252 context is conspicuous by its absence.... context being withheld to push an agenda...they know they will lose a legal battle with NR et al, so have resorted to appealing to the court of public opinion.
This whole incident parallels the old mob sketches you see, where a mob family is trying to weasel their way into family businesses. ''Either give up your business peacefully or we will take forcefully''. Network rail openly admitting to mafia racket principles.
The land registry in Scotland is such a mess and indeed there are serious issues with it all over the country. Seems to me you are both dealing with this (Corrupt) issue in a correct and decent manner. You have my support.
@@SAR-s4s and this has been happening for years. Plans and reason were well published.. NR could or should have published their plans ,reasons etc. Thereby they are accountable and so is the present owners for their actions.. As it is the General Public cannot use an asset ,denied use of the platform.. because both sides are willing to behave in a civil manner.. It now boils down to credibility, it hoes beyond who has what right as now it focuses on those in conflict.
I'm always amazed how polite middle class British people have even in the middle of a heated situation. In most parts of the world the air would be thick with swear words and quite possibly some missing teeth on the ground.
Correct me if I'm wrong but the public have access to your land to access the rail and the rail network Mrs Smith said they are there to maintain a safe path for the public and rail staff to use , so if they aren't getting access to maintain the area because you own it then doesn't it fall on you for the safety of the public and rail staff as you are preventing them from accessing your land to maintain the area that on your deeds is a public access path , so who's liable if someone is injured as a result of a path not being maintained to the safe standards that network rail has to provide for their staff , I'm no being bias I'm just curious as to how this all works
There's lots of roads constructed not on the road reserve. The problem is that they become public right of ways. It's legally difficult to restrict access.
Well done for standing up for your rights. As you mentioned many times this is a civil matter and needs to be addressed at the appropriate court and ruled upon fairly using all the facts. Once that is concluded and rightful ownership established only then can things progress in a lawful manor. Its not for the police to decided who owns the land, its for the civil court or land tribunal . Once rightful ownership is established only then should the police get involved to ensure none breaks the law. At the moment it appears the police are acting outside of their powers siding with network rail. Some advice from me is Keep filming these interactions, stay civil but firm, don't get angry or aggressive as I'm sure they will use this against you. Don't get hung up with the police apparent shortcomings such as oaths of office and footwear. Film everything, this is your evidence and record of police failures and these can be used in future complaints against them , let NW rail speak more and record what they say for the same reasons. Good luck
@@clockwork1956 I think it is more about why the are doing the work.. re open the station. And the permitted log loading facility.. I get it that it will cause their peace and quiet to be disturbed and feel for them, but they did buy an old station house and adjacent to a request stop station platform. Perhaps NR are just trying to re-establish a safe access route for pedestrian and mobility challenged.. maybe there still is an underlying RoW.. We don't know, but they should have known what is included in the deed.. and possibly what is not before purchase, simple pre buy investigative/research work Anyway I hope they and NR get this resolved soon , that people can once again return to using the station, jobs get created at log facility.. and the owners are able to reset and regain some sort of normalcy..
@@doonhamer252Absolutely spot on..... From what I have seen in previous videos of this related scenario, I honestly don't think that the home owners are going to win this case. They need to go through the deeds of the property with a fine tooth comb.... If the property is adjacent to Network Rail property, which needs access to carryout maintenance to the track, signalling, overhead wires, trees or building materials for the relevant station, then I'm afraid, I don't think that the homeowners have a leg to stand on if it went to court, and it's a civil matter that both parties need to come to terms with... But if the couple don't have a lawyer representing them, then I'm at a loss on what their next move is going to be. But I honestly don't think it's going to end well for the couple.
It's a private property with a tatty platform which you can hardly call a station!! Network Rail should build a new one with access further up the track!!
you need to learn to be less argumentative. You can put your point across without being an arse. Let them speak. then you can put your view point across. This is a right of access dispute. You are not in any danger so act like an adult.
@@WeeBurnip-lz3fr no it's not, if in deed it exists.. But there will be a resolution, one that one of the parties will not like.. the cost totaly depends on how quickly that resolution is obtained. Then there will no doubt be a time when one or the other party has to pay for making false claims and or slander.. therfore best to be professional and treat each other with courtesy.. the videos have been published, what is said cannot be undone.. us, professional
@@WeeBurnip-lz3fr too much of a strawman arguement there. Yes no doubt it happens, but is it happening here, and are there enough legal roadblocks to stop it happening ? Have in this case the Government of the day ( SNP and Labour) taken note of this particular situation. The information that is shown (filtered or not) is still nothing more than general intrest feeding the backseat YT barristers, conspiracy belivers and those dissinfranchised, even haters of anything Corp. We don't know the full story, were the new buyers duped? Have any Mainstream media outlets ie: Beeb ITV, taken note and interviewed and published, any newspaper outlets sent reporters, published an article? Yes I believe that there has been horrendous and outdated authority given to Rail Companies.. but there has to be some balance between property owner rights and the need for the general good for the public , but tempering that with controlling misuse for corp greed. Personally I see it as there was demand to revitalise the rail system.. but that has only opened the belly to corporate greed. Re nationalise..perhaps. follow the money...
Seems someone is trying to get a payout. if that was my land i would have taken them to court for trespassing, if you win they have to pay costs and compensation, i wonder why it hasn't happened.
They have already started that they can't afford a lawyer. Any Scottish lawyers who can give them some help even if it just advice. In England if you have a gate and put a sign up stating no entry and trespassers will be prosecuted. Then they will have to the police not btp to obtain a warrant to enter which is very unlikely they will get as it is a civil matter. It would be up to network rail to take it to the courts but for some reason i don't think they will because they know that they will lose
How did you attract so many bootlickers to your story? It is difficult to fathom the ignorance required to write some of the crap people write on this thread about you. Keep doing what yoyr doing.
Trying to break into your house come on stop with the passive aggressive jeez.i am all in support of you but the constant being aggresive isnt helping.i am following this on YT not sure if on any other media but some advice if your going to go defend yourself and your land show yourself on camera and have better mics and maybe talk to YT followers explaining your actions so you have it on record and having mics will help against police and rail companies if goes to court otherwise any video evidence your showing here will be thrown out for being Inaudible
Used to work for a horrible little company that made signal boxes for network rail. Called mors smitt. They paid minimum wage for this work. Management were horrible people. Everyone underpaid to do so called skilled jobs.
Park your car/van/tractor on the driveway, then they can't drive up there with their machines. Simple. But, put a sign up (no parking, no trespassing, no entry,)
heres some unsolicited advice, try to keep as calm and emotion free as possible, do not talk over them or each other, keep filming be firm hold your ground while also being incredibly polite and friendly, it will serve you better in the long run, keep up the good work your doing well,
Just a thought whom is responsible for the cattle grid maintenance, yourselves or network rail, could lead to health and safety issues and requires a load limit test as it looks quite old and weakened.
They people might well own it but other land owners can also have access over their land which would normally be written into the dead’s but can over time be lost forgotten or agreed verbally but never written, the couple clearly have nothing better to do but pick a fight, move on life’s too short
I would really like to follow this story to see how it pans out. However there are a couple of issues that get me wound up. The first and most importantly. It looks like you are fighting this yourself using the knowlege you have. Yes, it might be an expensive thing to get a solicitor or leagal backing but it should be dealt with sooner rather than later and your life will get back on track (pardon the pun). The confrontation between yourself and NR and BTP is at times toxic and almost gets out of hand. This hould be where you put up a notice around your property warning those taht trespass they are not to come onto the land. Notify yur solicitor the moment they do and let him argue with them. The second thing is that it is very hard to follow the video due to the moving around and poor sound due to wind. If you are relying on video evidence in court it will have to be clear and understandable. As a viewer I find it nausiating. A camera with a wider angle lens would help and a wind sock over the microphone would cut out a lot of wind noise. I would try and use both body worn and a hand held camera, the latter would give you more of a chance of addressing the points mentioned. Dont be afraid of getting their faces in the picture, notify them imediately they are spoken to taht you are recording them, if they dont like it they can leave. GDPR requires them to give you a copy of their video footage if they are recording as they are a buisness, it does not comply to you in the same way.
"This hould be where you put up a notice around your property warning those taht trespass they are not to come onto the land" Obviously you haven't watched the video where they threaten to arrest me if I don't move my car off my driveway and the video after of them cutting the chains off my gate?
As someone has said here already. How hard is it to train the required items in. No one upset, no one blocked from their work. Job done! One Works Train could put everything required, in place, in one trip. NR are just lazy.
@@robertchapman6795 Not a hope outside of the law. There's no legal justification given they have rail access to the station, this is criminal trespass and they need to stop playing games, lawyer up and use the real cops. They've clear evidence of trespass without a warrant, criminal damage, and conspiracy.
Get a grip and let them do their job.. you're totally not willing to work with them. There's more important things in life than whinging at some blokes trying to do their job...
According to another internet site NR have already gone to court and won, they must give them access. Someone else has posted a pdf of the deeds where under burdens it states , that BR or its sucessors have an inheritable and irredeemable right of access both foot and vehicle to the property for maintenance with the condition that they must right any damage they do. This only stand to reason, the railways have sold of loads of redundant assets over the years but always kept access rights.
Didn't they show that it was to conduct logging, which isn't maintenance of the railway but an opportunity for the land owner to get a return on their investment. I'm not sure if the two are the same. What I do understand is that basic conveyancing solicitors here in Scotland are pretty useless and spend the minimum amount of time viewing deeds prior to sale and being paid. Once paid they don't want to hear from you again.
If this property is sold off to this couple then it becomes THEIR property and access is for them only. If Network rail still want to use this platform then they should buy some land further up the track for building a NEW station with it's OWN access!
@@melissanewton7462 your writing style seems familiar.. Happen to have a school mate that bought a local disused station house, his property line ends at the back door out onto the platform.. The platform is maintained by the Railway but is fenced with gates at either end The railway offloads personnel and supplies for their use, during maintinance work. They were well aware of the limitations of access when the bought it, as it clearly is marked on the deeds, who owns what and where the RoA exists..
@@melissanewton7462 The railway companies never sold land here so all these comments are incorrect. The land was owned by a private family who leased it to the railway companies and this family sold the land to forestry companies. It was the forestry company who sold Station House and the adjoining land, not Network Rail and not their predecessors Thank you for your supportive comment, we appreciate it.
If you own the land, then the police jurisdiction is with Police Scotland. If NR own the land then and only then do BTP have jurisdiction. Personally I'd be making a complaint of Harrassment to Police Scotland and if they refuse to act, start a private prosecution of NR & BTP under Section 38. Such a case would force NR to prove they own the land and therefore that BTP have jurisdiction. It seems clear NR are trying to force you to comply with their building works timetable, and are refusing to resolve the ownership question because they don't want to delay works ie to save money. As ownership is disputed then BTPs jurisdiction is disputed. Should you prove ownership in the Sheriffs Court, their actions become criminal. I'm afraid this is just another example of corporations / the state, abusing the law to suit their aims. You may have a valid title deed, but they don't care. Good luck.
Wouldn't it be simpler and cheaper for everyone it they just made a new track (or reinstated the original track shown on the old OS maps) that did not go on your property?
@@andyhopkinson2708 they’re only asking to see proof that NR legally have access. Funny that NR HAVE NOT produced that! Why? Because it most likely does not exist.
Mr Appleby, you talk about "doing the right thing". Are you "doing the right thing"? Is it true that you're preventing access to an area that people have accessed for over 100 yrs? Is it true that the railway station in question has had to be closed as a result of your non-cooperation? What do your neighbours/people in the local community think of your actions?
NR decision to close the station. That lost them access rights. NR and the previous land owner had an agreement about access, but that doesn't bind the current owners. Railways Act only permits access to private property for emergencies only, not routine works, definitely not trying to put a footpath down on land they don't own nor have any legal right now to access. NR won't even talk to this couple to try to put into place the same agreement as they had with the previous owner.
@@markc7440 exactly.. but huge legal implications .. guaranteed that NR and their masters have dozens of people trolling through archives to gather boxes of evidence .. first establish who owns what..then establish if there are any additional conditions.. access etc .. go to court, get a decision and get back to normal life.
dont even understand why the rail company need to be there , where's the nearest train track , is there a little path down the side of your land that they've been using for years but don't actually own ?
British Transport Police??? Your Land and the adjacent land looks like farming property where is their jurisdiction surely this ought tobe the local authorities this isn't a Railway it's a private dwelling
To be fair they're not documentary makers, they're a couple who's got some giant corporation constantly trying to force their way on to their land. I'm 99% sure if you and your misses had Network Rail turn up to your door, tell you that you don't own a section of land which you have documented government evidence that you do and they disregarded everything you had to say and then proceeded to have people crossing in to your land constantly you might come across like you just wanted to argue. Do you think Network Rail could do this is they were Travellers; short answer, NO CHANCE!!!! The staff wouldn't even turn up if they were travellers (who do actually own lots of land). Network Rail are pushing it and pushing it and pushing it because they know they can get away with it. If it turns out Network Rail are in the wrong, id say their supposed arguments are pretty damn tame all things considered.
I'm fully on your side. I think the faceless cowards at Network Rail should be made to get off their arses and come and see what they are actually telling those they think are minions what to do. PLEASE though, as I and others have suggested in other videos, GET YOUR SOUND/MIKES sorted out. It may pay off in the end.
If they damage any of your property irrespective of it being on your land or theirs they become criminally liable. Why not put a locked gate across the drive if ROS state on your title deeds with red lines it's yours?
Watch his body language compared to the guy who is silent. It gives away the fact that he is uncomfortable. And would that by? Could it because he knows he is lying, or at best making up stories to explain his actions which he knows have no legal backing.
Hope you two reach a settlement with NR very soon. Seems someone in an office or wfh is tapping away on computer but the computer can only say. The computer say's No. Keep challanging them. Dont worry about talking over them. Ask them for written permission to enter your land. Good luck ♥
If they damage any of your property irrespective of it being on your land or theirs they become criminally liable. Why not put a locked gate across the drive if ROS state on your title deeds with red lines it's yours?
Take the wheels off your truck and leave on blocks in the driveway, say you could've sworn you heard a couple of scouse accents before they drove off lol
An unarmed population cannot defend itself against government tyranny. Corporations snap their fingers and the government support them vs. you, the citizen.
![Megan Thee Stallion - Roc Steady (feat. Flo Milli) [Official Video]](http://i.ytimg.com/vi/HozPPyqW0dY/mqdefault.jpg)
www.gofundme.com/f/588854-altnabreac-cover-up
@@ALTNABREAC what exactly are the funds raised to be used for? Legal costs and survey only ?
You need to get "Private Property signs" and "No Trespassing signs" put up. Do not let them push you into something you don't want or need. If you give an inch they will tale a mile. Good luck to you both.
Watching from Canada.
Typical large corporations thinking they can do whatever they want. Stand firm against these tyrants.
Don't forget that these corporations only exist if humans like Mr Smith 'just follow orders'.
Just like starmer
Love watching this ..but can you get a decent Mike for sound quality😂
Stay strong mate. Never let them grind you down. This is shocking treatment.
I personally would consider taking the Arrest and take it to court, though I don’t know whether BTP would actually have powers of arrest in this case
GO and get a proper Land Surver, then an injuction for tresspass against the railway, and use the Land Survery as PROOF its a valid complaint. SURE its gonna cost money, but when your backs against the wall, you have to have evidence that will stick in a court of law(im no lawyer and this is only my opinion as its the route i would take to stop anyone from infringing/trespassing)n
@@highlandersixtysixthey already have access by means if the railway line
Have you run this by The Black Belt Barrister?
He's a barrister in England - Scottish law is different
Yes but he may have contacts in Scottish law that can assist. Spread this as far as social media allows. It’s absolutely disgusting the way you’re being bullied. I love your professional approach, maybe Network rail should give you a job.
Bbb works for the establishment
@@coastalcottagewales8688✊💦
@@M0RMY Yeah but he's a black belt bruh! 😂
Rather than suing them for damages to the land and the emotional stress, you could first go for an injunction to stop them working while you wait for a court date to decide on the access issue.
Would the solicitor that represented the previous owner represent you too? Afterall they'd know some of the important back story to the situation.
Great advice and would stop this for now.
I would put signs up taking away right of access, trespass will be prosecuted.
@@dianawoodall9897There has to be a valid legal basis for that otherwise signs aren't worth the materials they use! Stop wasting time on YT and get it to court!
YT baristers LOL...
Wouldn't touch the last solicitor with a barge tbh, they didn't resolve the case obviously!
I have a simple question. My understanding is that this dispute has been going on for years, even before the current owners bought the property. So why have NR been unable to get the case to court and have the court declare that they are entitled to go onto the land. Could it because the case is not as strong as NR like to pretend it is?
its much easier to try to bully people than to get lawyers and trials you might lose. If whatever predicate they've used here to try to appropriate someone else's land has been used elsewhere, they might end up creating a precedent where previous land appropriations are deemed illegal. all sorts of potential issues.
This needs to go to a law court urgently. What is your solicitor doing? At least seek to get a court injunction until it's resolved. Posting here will not help! You need the law courts to resolve this.
Land tribuneral, maybe read about eminant domain/compulsory purchase if it really is your land ..
Perhaps they should have got some sound legal advice from a solicitor..
@@justinstephenson9360 and " go fund me" my questions are:
Did they know that NR had a claim on the property before they bought the property, and decided to buy knowing that there was a boundary dispute? if so, a bit cheeky in starting a GFM.
What did their solicitor notify them of ?
Did the prior owner know of pending work, access issue, and boundary dispute and not disclose ?
Mind boggling ?
Maybe the last owner allowed access? And wasn't bothered about it?
I’m hooked on this dispute! Keep fighting 👍🏻🙏
Leave your car parked at the gate. You're lucky you're not in the US. They would just condemn the property, fake a clean up and take it from you!
If you want people to watch your videos without being put off, you might want to invest in some wind noise cancelling on your camera mic, the wind noise is almost unbearable.
Too many assumptions on both sides....also, i cant help but think that the current owners are not letting on to pertinent details in order to get the public on their side.....im baffled why they still havent employed a lawyer...summats not right there.
Maybe the can't afford one, they don't come cheap
Don’t you think if NR actually had legal access, that they would’ve used it by now!? 🤔 and the landowners seem to be reasonable enough to accept the law. Once it is proven.
An educated guess says they DO NOT have legal access.
@@clungebucket23 100%
@@clungebucket23 GFM? Planned timber loading facility at station, approved in 21.
@@doonhamer252 context is conspicuous by its absence.... context being withheld to push an agenda...they know they will lose a legal battle with NR et al, so have resorted to appealing to the court of public opinion.
"Willing to work with you" but won't let you do anything...
This whole incident parallels the old mob sketches you see, where a mob family is trying to weasel their way into family businesses. ''Either give up your business peacefully or we will take forcefully''.
Network rail openly admitting to mafia racket principles.
"We're willing to work with you". Ive watched loads of these videos and never heard anything resembling that.
The land registry in Scotland is such a mess and indeed there are serious issues with it all over the country. Seems to me you are both dealing with this (Corrupt) issue in a correct and decent manner. You have my support.
This dispute can be sorted out by arbitration. Engage Charted Surveyors, its not very difficult.
@@SAR-s4s and this has been happening for years. Plans and reason were well published.. NR could or should have published their plans ,reasons etc. Thereby they are accountable and so is the present owners for their actions..
As it is the General Public cannot use an asset ,denied use of the platform.. because both sides are willing to behave in a civil manner.. It now boils down to credibility, it hoes beyond who has what right as now it focuses on those in conflict.
Is a constable under the sheriff?
And is BTP a separate police force with different directives?
The BTP video is outrageous, and they've abused their powers!
I'm always amazed how polite middle class British people have even in the middle of a heated situation.
In most parts of the world the air would be thick with swear words and quite possibly some missing teeth on the ground.
😂
@@gregculverwell I seen firearms too..
Correct me if I'm wrong but the public have access to your land to access the rail and the rail network Mrs Smith said they are there to maintain a safe path for the public and rail staff to use , so if they aren't getting access to maintain the area because you own it then doesn't it fall on you for the safety of the public and rail staff as you are preventing them from accessing your land to maintain the area that on your deeds is a public access path , so who's liable if someone is injured as a result of a path not being maintained to the safe standards that network rail has to provide for their staff , I'm no being bias I'm just curious as to how this all works
My first issue is that Mr Smith and Network Rail are saying they own my driveway, and they do not.
There's lots of roads constructed not on the road reserve. The problem is that they become public right of ways. It's legally difficult to restrict access.
Sir, is the road to Altnbreac still restricted, I tried driving there but a sign stated restricted or no access etc.
Well done for standing up for your rights. As you mentioned many times this is a civil matter and needs to be addressed at the appropriate court and ruled upon fairly using all the facts. Once that is concluded and rightful ownership established only then can things progress in a lawful manor. Its not for the police to decided who owns the land, its for the civil court or land tribunal . Once rightful ownership is established only then should the police get involved to ensure none breaks the law. At the moment it appears the police are acting outside of their powers siding with network rail. Some advice from me is Keep filming these interactions, stay civil but firm, don't get angry or aggressive as I'm sure they will use this against you. Don't get hung up with the police apparent shortcomings such as oaths of office and footwear. Film everything, this is your evidence and record of police failures and these can be used in future complaints against them , let NW rail speak more and record what they say for the same reasons. Good luck
Why can't network rail deliver men , machinery and materials by rail to the site?
I bet their excuse will be it buggers up the timetable
Why can't they use the land next to there's?
Spot on
@@clockwork1956 I think it is more about why the are doing the work.. re open the station. And the permitted log loading facility..
I get it that it will cause their peace and quiet to be disturbed and feel for them, but they did buy an old station house and adjacent to a request stop station platform.
Perhaps NR are just trying to re-establish a safe access route for pedestrian and mobility challenged.. maybe there still is an underlying RoW.. We don't know, but they should have known what is included in the deed.. and possibly what is not before purchase, simple pre buy investigative/research work
Anyway I hope they and NR get this resolved soon , that people can once again return to using the station, jobs get created at log facility.. and the owners are able to reset and regain some sort of normalcy..
@@doonhamer252Absolutely spot on..... From what I have seen in previous videos of this related scenario, I honestly don't think that the home owners are going to win this case. They need to go through the deeds of the property with a fine tooth comb.... If the property is adjacent to Network Rail property, which needs access to carryout maintenance to the track, signalling, overhead wires, trees or building materials for the relevant station, then I'm afraid, I don't think that the homeowners have a leg to stand on if it went to court, and it's a civil matter that both parties need to come to terms with... But if the couple don't have a lawyer representing them, then I'm at a loss on what their next move is going to be. But I honestly don't think it's going to end well for the couple.
@BlackBeltBarrister could you look at this?
Well done for fighting for your rights :)
Company bullying at it worst, they can do one!
Why are you not allowing them to access the site via your driveway ?
It's a private property with a tatty platform which you can hardly call a station!! Network Rail should build a new one with access further up the track!!
Power to this man and is wife keep up the fight against network rail shocking behaviour by this company
Do not Back Down to Them. Stand your ground 😊😊
Do a subject access request for the footage from Scotrail.
Except it will be Network Rail
When you bought the property did you get the deeds?
you need to learn to be less argumentative. You can put your point across without being an arse.
Let them speak. then you can put your view point across. This is a right of access dispute. You are not in any danger so act like an adult.
That and the demented yapping behind the camera .. speak , listen ,speak... just good manners
@WeeBurnip-lz3fr so you are a qualified criminal law solicitor??? Or just making an unqualified assumption?
@@WeeBurnip-lz3fr no it's not, if in deed it exists..
But there will be a resolution, one that one of the parties will not like.. the cost totaly depends on how quickly that resolution is obtained. Then there will no doubt be a time when one or the other party has to pay for making false claims and or slander.. therfore best to be professional and treat each other with courtesy.. the videos have been published, what is said cannot be undone..
us, professional
@@WeeBurnip-lz3fr too much of a strawman arguement there.
Yes no doubt it happens, but is it happening here, and are there enough legal roadblocks to stop it happening ?
Have in this case the Government of the day ( SNP and Labour) taken note of this particular situation.
The information that is shown (filtered or not) is still nothing more than general intrest feeding the backseat YT barristers, conspiracy belivers and those dissinfranchised, even haters of anything Corp.
We don't know the full story, were the new buyers duped?
Have any Mainstream media outlets ie: Beeb ITV, taken note and interviewed and published, any newspaper outlets sent reporters, published an article?
Yes I believe that there has been horrendous and outdated authority given to Rail Companies.. but there has to be some balance between property owner rights and the need for the general good for the public , but tempering that with controlling misuse for corp greed.
Personally I see it as there was demand to revitalise the rail system.. but that has only opened the belly to corporate greed.
Re nationalise..perhaps. follow the money...
The land owners are literally in danger of being “railroaded and forced out of their property “.
Seems someone is trying to get a payout. if that was my land i would have taken them to court for trespassing, if you win they have to pay costs and compensation, i wonder why it hasn't happened.
And why buy a property with ongoing legal battles regarding access to rail work.
Wow !! This is a nightmare. You don’t need this stress. Just leave it with the lawyers
They have already started that they can't afford a lawyer. Any Scottish lawyers who can give them some help even if it just advice. In England if you have a gate and put a sign up stating no entry and trespassers will be prosecuted. Then they will have to the police not btp to obtain a warrant to enter which is very unlikely they will get as it is a civil matter. It would be up to network rail to take it to the courts but for some reason i don't think they will because they know that they will lose
@@leswalker4282 it’s the fault of the lawyer who was in the purchase of the property. They should at least look into it for free
Well done keep doing what your doing .
How did you attract so many bootlickers to your story? It is difficult to fathom the ignorance required to write some of the crap people write on this thread about you. Keep doing what yoyr doing.
Trying to break into your house come on stop with the passive aggressive jeez.i am all in support of you but the constant being aggresive isnt helping.i am following this on YT not sure if on any other media but some advice if your going to go defend yourself and your land show yourself on camera and have better mics and maybe talk to YT followers explaining your actions so you have it on record and having mics will help against police and rail companies if goes to court otherwise any video evidence your showing here will be thrown out for being Inaudible
I feel an Arthur Dent moment coming on…
😬😂
Feel a bit sorry for John the more he talks the more he tightens the noose. The other lad knows the game.
Call the police and tell them there is a man with a camera, you won’t be able to count the number of response cars.
Used to work for a horrible little company that made signal boxes for network rail. Called mors smitt. They paid minimum wage for this work. Management were horrible people. Everyone underpaid to do so called skilled jobs.
Park your car/van/tractor on the driveway, then they can't drive up there with their machines. Simple. But, put a sign up (no parking, no trespassing, no entry,)
heres some unsolicited advice, try to keep as calm and emotion free as possible, do not talk over them or each other, keep filming be firm hold your ground while also being incredibly polite and friendly, it will serve you better in the long run, keep up the good work your doing well,
It's a shame the black flys have gone 😂
Just a thought whom is responsible for the cattle grid maintenance, yourselves or network rail, could lead to health and safety issues and requires a load limit test as it looks quite old and weakened.
Survey the land parcel , talk to soliciter re: tribuneral .. double edged sword.. been there..
They people might well own it but other land owners can also have access over their land which would normally be written into the dead’s but can over time be lost forgotten or agreed verbally but never written, the couple clearly have nothing better to do but pick a fight, move on life’s too short
I would really like to follow this story to see how it pans out. However there are a couple of issues that get me wound up. The first and most importantly. It looks like you are fighting this yourself using the knowlege you have. Yes, it might be an expensive thing to get a solicitor or leagal backing but it should be dealt with sooner rather than later and your life will get back on track (pardon the pun). The confrontation between yourself and NR and BTP is at times toxic and almost gets out of hand. This hould be where you put up a notice around your property warning those taht trespass they are not to come onto the land. Notify yur solicitor the moment they do and let him argue with them. The second thing is that it is very hard to follow the video due to the moving around and poor sound due to wind. If you are relying on video evidence in court it will have to be clear and understandable. As a viewer I find it nausiating. A camera with a wider angle lens would help and a wind sock over the microphone would cut out a lot of wind noise. I would try and use both body worn and a hand held camera, the latter would give you more of a chance of addressing the points mentioned. Dont be afraid of getting their faces in the picture, notify them imediately they are spoken to taht you are recording them, if they dont like it they can leave. GDPR requires them to give you a copy of their video footage if they are recording as they are a buisness, it does not comply to you in the same way.
"This hould be where you put up a notice around your property warning those taht trespass they are not to come onto the land"
Obviously you haven't watched the video where they threaten to arrest me if I don't move my car off my driveway and the video after of them cutting the chains off my gate?
Are the btp out of there jurisdiction , just a thought
Why don’t NR buy a strip of land along yours off of the farmer or estate and build their own access to the station?
Because they've upset the entire community.
As someone has said here already. How hard is it to train the required items in. No one upset, no one blocked from their work. Job done! One Works Train could put everything required, in place, in one trip. NR are just lazy.
@@robertchapman6795 That's the thing about bullies. He'll make them rich now.
@@JelMain can only hope they get well compensated.
@@robertchapman6795 Not a hope outside of the law. There's no legal justification given they have rail access to the station, this is criminal trespass and they need to stop playing games, lawyer up and use the real cops. They've clear evidence of trespass without a warrant, criminal damage, and conspiracy.
Get a grip and let them do their job.. you're totally not willing to work with them. There's more important things in life than whinging at some blokes trying to do their job...
BOT
Can I come and put up a fence in your garden and claim it as mine?
@@bobb6342If you have a legal right of access, yes-ish.
@@applemac100100but are you AI
Let them pay £250k for limited rights of access
They need to fix the access road and any damage to your land.
This is a matter only for the law to sort out! Not the bullies from BTP either.
According to another internet site NR have already gone to court and won, they must give them access. Someone else has posted a pdf of the deeds where under burdens it states , that BR or its sucessors have an inheritable and irredeemable right of access both foot and vehicle to the property for maintenance with the condition that they must right any damage they do. This only stand to reason, the railways have sold of loads of redundant assets over the years but always kept access rights.
@@ianmaciver4004 the way ours was read too.
Didn't they show that it was to conduct logging, which isn't maintenance of the railway but an opportunity for the land owner to get a return on their investment. I'm not sure if the two are the same. What I do understand is that basic conveyancing solicitors here in Scotland are pretty useless and spend the minimum amount of time viewing deeds prior to sale and being paid. Once paid they don't want to hear from you again.
If this property is sold off to this couple then it becomes THEIR property and access is for them only.
If Network rail still want to use this platform then they should buy some land further up the track for building a NEW station with it's OWN access!
@@melissanewton7462 your writing style seems familiar..
Happen to have a school mate that bought a local disused station house, his property line ends at the back door out onto the platform.. The platform is maintained by the Railway but is fenced with gates at either end
The railway offloads personnel and supplies for their use, during maintinance work.
They were well aware of the limitations of access when the bought it, as it clearly is marked on the deeds, who owns what and where the RoA exists..
@@melissanewton7462 The railway companies never sold land here so all these comments are incorrect. The land was owned by a private family who leased it to the railway companies and this family sold the land to forestry companies. It was the forestry company who sold Station House and the adjoining land, not Network Rail and not their predecessors Thank you for your supportive comment, we appreciate it.
Yes, but calling the police is out of order.
Pop a sponge on the microphone, might help with the wind
Get lawyers in asap. These people are massive bullies.
Why they in arb helmets
Corporate bullying tactics and thinking they can do what they like and it’s all about the money 💰
John Smith's getting bigger !
Bitter that should have said , thanks spellchecker.
I see harassment and intimidation all over this.
If you own the land, then the police jurisdiction is with Police Scotland. If NR own the land then and only then do BTP have jurisdiction.
Personally I'd be making a complaint of Harrassment to Police Scotland and if they refuse to act, start a private prosecution of NR & BTP under Section 38. Such a case would force NR to prove they own the land and therefore that BTP have jurisdiction.
It seems clear NR are trying to force you to comply with their building works timetable, and are refusing to resolve the ownership question because they don't want to delay works ie to save money.
As ownership is disputed then BTPs jurisdiction is disputed. Should you prove ownership in the Sheriffs Court, their actions become criminal.
I'm afraid this is just another example of corporations / the state, abusing the law to suit their aims. You may have a valid title deed, but they don't care. Good luck.
Wouldn't it be simpler and cheaper for everyone it they just made a new track (or reinstated the original track shown on the old OS maps) that did not go on your property?
@@andyhopkinson2708 they’re only asking to see proof that NR legally have access. Funny that NR HAVE NOT produced that! Why? Because it most likely does not exist.
Mr Appleby, you talk about "doing the right thing". Are you "doing the right thing"? Is it true that you're preventing access to an area that people have accessed for over 100 yrs? Is it true that the railway station in question has had to be closed as a result of your non-cooperation? What do your neighbours/people in the local community think of your actions?
Would you like somebody to walk on your land. And tell you they own it and you don't!
NR decision to close the station. That lost them access rights. NR and the previous land owner had an agreement about access, but that doesn't bind the current owners. Railways Act only permits access to private property for emergencies only, not routine works, definitely not trying to put a footpath down on land they don't own nor have any legal right now to access. NR won't even talk to this couple to try to put into place the same agreement as they had with the previous owner.
How about I break into your house and tell you I own it and if you don't agree I'll have my corrupt police friends arrest you?
Let's all walk through your property and see how you like it NIMBY
@@markc7440 exactly.. but huge legal implications .. guaranteed that NR and their masters have dozens of people trolling through archives to gather boxes of evidence .. first establish who owns what..then establish if there are any additional conditions.. access etc .. go to court, get a decision and get back to normal life.
dont even understand why the rail company need to be there , where's the nearest train track , is there a little path down the side of your land that they've been using for years but don't actually own ?
Surely it's now harassment, where are transport deeds to the land
You walk out intent on provoking an argument. Thats how it looks
Saw you last video before you made it private, hope you are both OK
Just corporate filth!
I predict this is going mega viral, it's addictive.... stay strong
I Agree
ok
for the algorythem
why cant the railway make another entrance to there site
@@fatbelly2438 there is one from the West behind game keeps cottage
Just to let you know that your video with the police today has been removed.... I think RUclips has done this
Why don't you charge them to use it
Set up a toll booth for coming on your land
British Transport Police??? Your Land and the adjacent land looks like farming property where is their jurisdiction surely this ought tobe the local authorities this isn't a Railway it's a private dwelling
Park a vehicle on your drive way, they can't access it then! Big truck, move it when you need access, If it's your drive.
They think they own everything and can get away with what they are doing
This video makes you come across as if you just wanted to argue.
To be fair they're not documentary makers, they're a couple who's got some giant corporation constantly trying to force their way on to their land.
I'm 99% sure if you and your misses had Network Rail turn up to your door, tell you that you don't own a section of land which you have documented government evidence that you do and they disregarded everything you had to say and then proceeded to have people crossing in to your land constantly you might come across like you just wanted to argue.
Do you think Network Rail could do this is they were Travellers; short answer, NO CHANCE!!!!
The staff wouldn't even turn up if they were travellers (who do actually own lots of land).
Network Rail are pushing it and pushing it and pushing it because they know they can get away with it.
If it turns out Network Rail are in the wrong, id say their supposed arguments are pretty damn tame all things considered.
@@ecottsexsacly
@@ecottsexsacly
Plus you should want to speak your side if you don't they will use your silence against you
As they say anything you do and do not say can be used against you in court better to say everything you believe and stay true to the law
Disgusting behaviour - if a civil matter - nothing to do with Police.
Certainly not BTP!
I'm fully on your side. I think the faceless cowards at Network Rail should be made to get off their arses and come and see what they are actually telling those they think are minions what to do.
PLEASE though, as I and others have suggested in other videos, GET YOUR SOUND/MIKES sorted out. It may pay off in the end.
If they damage any of your property irrespective of it being on your land or theirs they become criminally liable. Why not put a locked gate across the drive if ROS state on your title deeds with red lines it's yours?
Watch his body language compared to the guy who is silent. It gives away the fact that he is uncomfortable. And would that by? Could it because he knows he is lying, or at best making up stories to explain his actions which he knows have no legal backing.
How can you obstruct them from your land? 😡🤬
Good luck to you in your case against them.
Corporate bullies, tell them to do one. One another thing is if their so sure they can get access, why aren't they parked at your gate?
How are you so calm about this situation..you need someone there 24hrs a day..i dont know how you do it..
Hope you two reach a settlement with NR very soon. Seems someone in an office or wfh is tapping away on computer but the computer can only say. The computer say's No.
Keep challanging them. Dont worry about talking over them. Ask them for written permission to enter your land.
Good luck ♥
Just get them to agree to pay you for the access .
Get off my land like, ruddy cheek of it!
Trying to make a bit of the railway….really sad
wo ist das andere ??????????????????????
If they damage any of your property irrespective of it being on your land or theirs they become criminally liable. Why not put a locked gate across the drive if ROS state on your title deeds with red lines it's yours?
Take the wheels off your truck and leave on blocks in the driveway, say you could've sworn you heard a couple of scouse accents before they drove off lol
Report them for causing you harassment alarm and distress.
Bullying bully 💯👍
Im with you brother they could've come with paperwork a warrant and a polite manner
An unarmed population cannot defend itself against government tyranny. Corporations snap their fingers and the government support them vs. you, the citizen.