Network Rail are claiming to own our driveway. I read a letter in this video from a land Surveyor confirming that we own our driveway, even though we never doubted it. Please support us here www.gofundme.c...
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Hi why when they had a meeting about your land ,by all parties and they did not invited you ! This is very interesting. Showing the line draw against yourselves.
Well done for explaining the situation for the newer followers. You guys are very brave. Expect the need to explain it all over again to the newbies in the future.
The only fixed point on your land that is considered in lawfully correct is a Benchmark. There are three types of Benchmark, I suspect because there is a railway station on your land there will be at least two Permanent Benchmarks. For a measurement to be considered legal evidence it must be taken from the Bench Mark. Your whole property, the property boundaries and rights of ways will have been survey using a Benchmark. The Benchmarks on your land can prove the extent of your land and will confirm your property deeds. Types of Benchmarks: - Permanent Benchmarks: These are fixed and durable, often marked by metal discs, pillars, or structures set into the ground. They are commonly found in public spaces like roadsides or buildings. - Temporary Benchmarks (TBM): These are less permanent reference points set during a specific survey for a temporary period. - Arbitrary Benchmarks: These are reference points whose elevation is not necessarily tied to sea level or other geodetic references but are assigned an arbitrary elevation for convenience. Legal Relevance of Benchmarks in Surveying: - Accurate Land and Property Boundaries: Benchmarks provide a precise and official reference for determining land elevations, which is critical for establishing property boundaries, assessing land values, and preventing disputes. - Construction and Engineering Projects: Legal compliance in major construction projects requires adherence to accurate elevation data. Benchmarks are essential for ensuring that buildings, roads, bridges, and other structures are built to specified heights and gradients. - Floodplain Mapping and Zoning: Benchmarks are critical for flood risk assessments and defining floodplain boundaries. This information is legally significant in zoning regulations and insurance considerations. - Legal Documentation and Dispute Resolution: Surveyed elevations based on benchmarks may be submitted in court cases involving boundary disputes, land claims, or development issues. The legal system relies on these accurate and stable points for evidence. - Government and Municipal Regulations: Many local governments set laws and standards based on benchmarks for public works, land development, and environmental protection. Surveyors are often legally required to reference these official benchmarks in their reports. - Impact on Land Titles and Transactions: In land surveying, benchmarks are fundamental in certifying the accuracy of property descriptions during real estate transactions. These ensure that titles, deeds, and contracts reflect precise and legally recognized measurements. In summary, benchmarks in surveying provide the foundation for legal precision in land elevation measurement, boundary definitions, construction standards, and compliance with municipal, zoning, and environmental laws. You and Network Rail can make what ever claims you like. However, claims mean absolutely nothing. Your property deeds are worthless scraps of paper, until measurements have been taken from the Benchmarks to verify the extent of the bounder. A Judge or Sheriff will not rule on a boundary despite until a survey has been completed. My advice and I hope any solicitors advise would be to get a survey done by a reputable company.
This Channel is comedy gold..........or it would be if you were not asking people for money. Either way, glad that someone removed the "private property - keep out" sign from the platform.
My take on it is:- you do own the land that the ''drive' is on from the cattle grid to past your house, but, NR have access rights to cross the land for any work they need to carry out. From the map at the end of the video, you do not own the washing line area or the area/woodland where the new path has been put, you can clearly see your land stops at the eastern side of the drive on your land. If it was my land I would keep quiet and encourage pedestrians to use the new path, for more privacy. I believe you may be getting slightly mixed up with land ownership and access rights. As the land owner I would like to see documents proving NR access across your land, but I think court is the place to prove that. Also a ground survey to prove extent of land ownership is a must before you slip up and claim land thar is not yours. Historical maps clearly show the pedestrian access on the route along your drive that you walked straight from the cattle grid to the platform. When your house was still in use as the Station, the land around it on the easter side, would of been used for railway access to the platform, I would be led to believe those rights of access still exist, that would be my point of investigation to prove one way or another. The reason I say all of this to you is not to say you are wrong, I as a previous rights of way officer are merely giving you my opinion so you can do your due diligence and protect yourselves.
dont know the full story as most of the vids just seam like a whinge fest and un watchable from beginning to end....you two are obviously traumatised by the perceived injustice..... i dont like the idea of the corporate company getting one over on the little man...but reminds me of some one buying a house on the edge of Heathrow airport and moaning about noise.....sell up buy a house where there are no issues but please not next to mine...dont think you would be happy for long im not a troll but you put your life on youtube for all to see so you get many opinions
Theres no point discussing this communication with network rail and trying too convunce us teh public. You need to do this in court. Ive looked at the title deed and see exactly where the problem is. the line drawing looks like the drive is outside your deed. however when its viewed with the satellite overlay the drive from the cattle grid (roughly where your chain is) shows the drive is clearly in your deed. The problem arises that for Infastructure needs people like network rail can access peoples property without permission such as the building of the path so they can avoid your property. You need to take this up in a court because it doesnt really matter what us viewers think
We are pursuing the proper civil process channels in dealing with this. These videos are to ensure that the public is given the facts and truth about what is happening here at Altnabreac to expose the wrongdoing of companies like Network Rail and the police. The mainstream will not report the facts....the mainstream were not interested to present our side to the situation because they push the narrative the companies and governments want them push. So this is what is known as 'citizen's journalism.'
The title mapping shows a road or planned road next to, but outside of, your property on the driveway side. Interestingly as you note this is where Network Rail have built the new access path to the platform. This title plan shows no access way from your gate to the platform, only across the site parallel to the platform (which you house was built over). Historically the access to the platform appears to have been intended to be via the noted road space on the title plan, which has been allowed to become overgrown, until the new path was installed. Its a bit weird they appear to run the new path from within your land. Note the title doc says you are obliged to maintain your land fenced and gated. As you will now understand, you need a surveyor and a solicitor to resolve this with Network Rail.
@@manlycouncil2219 If you are referring to the white strip that runs alongside our eastern boundary out with the title, then this is overgrown woodland. That white strip is NOT a pathway/road. If you look at the aerial image of our plan on the cadastral map on ROS, you will see that the white strip is actually the woodland! You will also clearly see that the driveway IS within our registered title just like the surveyor confirmed. Anyone with eyes can see it! NR is deliberately using that white strip to mislead and dishonestly claim it is the driveway when it is NOT and they know it is not. Very crafty and very dishonest of them.
The problem is not who owns the land but that Network Rail have right of access as its the only drive leading to their station and railway. The same if your neighbour owned the land connecting your driveway to your house, as it is considered "Right of Access" - otherwise there would be people all over the country disowning people of their property by claiming ownership of the access rights (which tens of thousands have!). At the end of the day Network Rail could also enforce a compulsorily Purchase order, it would be easier to just allow them to avoid a Railway disaster and un-necessary loss of life by allowing them access to their track and station! It's not as if they will be driving through every day, week or even month, they just need access as required to maintain their property and that's the key point "access to their property". Of course some Charter Surveyor is going to chime in, he can see the money signs... the reality is no one can block right of access to your land across an established drive or path used over time.
@@LizAltnabreac-u8h test your theory on other properties that you know, im confident you will see that it doesn’t line up with those boundaries either, try it. The reason it wont is that the satellite image is not likely to be one directly overhead it will be from an angle. Incidentally os maps are not as accurate as you think they are, we do sketch layouts overlaid on os but would never build off one for that would get a topographical survey.
I'm sure you wouldn't be calling it a 'nice path' if they came and built on your land without your permission. I'm sure your opinion would completely change then!
@ALTNABREAC I don't like to see the little man being walked over by mega corps, but to be fair here, I firmly believe that this point raised above, regarding the surveyor having to attend site to confirm things, is not unreasonable given the circumstances. I believe that if it is not too expensive to instruct your surveyor to do this site visit, then it is the first priority for you to do before considering legal action. I hope your go fund me will soon provide sufficient funds for this first stage, if it hasn't already done so. Furthermore, I honestly believe that if you were to convince most you tubers, including my self that you are 100% right in your claim, by making a video showing the details of the measurements that you claim prove the land is yours as well as the surveyors letter confirming this, once they have completed an on site survey, then most of the viewers would be much more willing to back you and contribute to your "go fund me" so that you can go after NR in court. I know I would. However, I have seen a post by "gone in 60 seconds" that shows your alleged registered plot and that apears to show in the burdens as well as the map shown, that your drive way can only be half owned by you, due to the burden stating that the boundary is in the middle of it. I have also read many other comments referring to this aspect and wonder if you you could make a further short RU-vid video to explain to us all why that isn't the case and doesn't apply here?
@@ALTNABREAC looking at scotlis.ros.gov.uk/property-summary/CTH7726 it shows driveway next tour house and all land to the right is not owned by you, only the red part
Those that shout the loudest have the biggest issue! Again you love the confrontation and arguing isn't going to fix it. You have the problem. Go to court Tat path looks good. You also have a public path through your land. They can access it. You bought land next to a train station that comes with it's own issues
We do not love confrontation. We love the truth and hate dishonesty. Speaking up against NR's unlawful actions against us is not confrontation, it's shining a light on tyranny by the corporates, police, governments against the public which is rampant in this world. We bought the land next to a railway and we love our property and land. What we will not allow is NR to try and take what is ours unlawfully. We explained the public right of way in the video which is a legal right of way for the public to the station which we have no issue and the public freely use this right of way regularly. NR, on the other hand, cannot access and use our land without the legal right to do so. In this situation, to resolve the issues, they need to obtain our permission through formal legal agreements. That is the law and how things should be done.
Exactly, these people are out of their face NIBYS bought a station house next to a public station and railway, if Network Rail can't access their station and railway, then station gets closed and railway also gets closed. They have right of access, it doesn't matter who owns the driveway, it is a right of access established the same way as the Public Footpath was originally established (which I'm also sure these two aren't happy with as I've seen previous video's where they've padlocked the gate.
@@truthhurts7537 'They have a right of access'?! And you know because you've examined ALL the evidence and know the complete conveyancing history of the property! The public footpath is FOR THE PUBLIC and it is not for VEHICLES, PLANT, MACHINERY! The public freely use the access footpath over our land to get to the station and they are not prevented from using it because THE PUBLIC have a legal right to cross our land. NR do not have a LEGAL RIGHT to access and use our land WITHOUT OUR PERMISSION. You clearly are choosing to ignore the FACTS.
I’ll ask you a question and hopefully you’ll be courteous in providing an honest answer to it. Why, when your husband was informed he’d be arrested if he failed to move his motor vehicle, he immediately did just that. If you do indeed have sole ownership of the ‘driveway’, surely there wasn’t need for him to have done so, or was there? It seems to me that every time you upload material in relation to this particular dispute the hole you’re digging for yourselves becomes ever larger, does it not? As a result of your inconsistencies I’m now finding it difficult to have faith in anything you say. I should mention that I’m not affiliated to any Rail Forums, online or otherwise, and neither am I a Troll. I’m merely an innocent bystander, albeit one that’s struggling to get his head around you guys. If my questioning of you, and your actions is too much to handle, go ahead and delete this written text.
'Why, when your husband was informed he'd be arrested if he failed to move his motor vehicle, he immediately did just that' - the answer to your question is that Ian moved his vehicle through coercion and threat of arrest. He did not want to be arrested! Ian is the sole owner of the driveway and Network Rail know it but they used their private security guards to abuse their police powers and falsely accuse him of aggravated trespass if he did not move his vehicle. Where are the inconsistencies you mention? It was obvious that Ian was left with NO choice to move the vehicle through threat of arrest. It is better to deal with the matter through the civil process and this is how we will do it. Network Rail is ABUSING the criminal process and using BTP to try and take our land from us. How can you not see the obvious? Ask whatever questions you wish and we are more than happy to answer them because we have nothing to hide and we are speaking the truth.
I think you should visit your solicitors as this is more than likely this is why it was sold and their search and all ,,,future infustructers would have been made aware to you 😮
This would all be resolved with less than an hour court time. No one except an expert knows who would win. Get it sorted with legal representation and then move on with your lives. You are currently in limbo and this will consume you. You need a judgement in court.
Alll very confusing,,,you need to post a really detailed map showing the easements and rights of way to enable your audience to make an informed judgement...... you live right next to a railway track and a former station(?) so is it not probable that NR have rights of some description?
I believe that the only way this will be resolved is in court. I also mentioned in one of your previous vids that the railway has its own laws under the Railway act, which is very complicated for a lay person to understand, not only will you need to get a knowledgeable competent lawyer to deal with your case, you'll also need deep pockets to fight the case in court. As I have already mentioned previously, I work in the rail industry myself though not for NWR, so I'm not favoring one side over the other, but I will say that its not often NWR make this kind of mistake as they're normally well informed, thats why I said that the only way you can settle it is in a Scottish court of law. I also can't believe that this dispute has resulted in NWR & Scotrail suspended trains from stopping at Altnabreac station. that alone is a very unusual action.
How much do we bet on that pedestrian gate is normally chained and locked by the occupiers? The sign that says "please ring for attention" say's it all.
Possibly the metal pedestrian gate and lock (and ringer) were probably installed recently in later 2023 or 2024. The earlier videos of the area had no metal pedestrian gate at the carport gate/grate and it was wide open for public pedestrian access across the driveway to the station platform. so when the noted station was closed November 2023 then the couple probably thought they could close off the entire property as there as no more A to B access required. However, there was a right or implied right for NR to upgrade and maintain the station. Implied rights can be vague.
@@Carlos-im3hn The pedestrian gate was there when we moved in and for quite a while before that. The gate and fence did fall apart whilst we have been here, because the posts were rotten. We were approached by a forestry worker last year asking us to fix it, because of Deer control.
@@ALTNABREAC Thanks for replying. Are solum rights easy to prove do they come with paper work? Also I have looked on the Scottish land information service website and that land appears to be with the same area as the actual train line - as in the boundary lines that designate the area of train track also encompass the wooded area. Do you think that the rail operator thinks they own the title to it? Not trying to antagonise I just have genuine curiosity. Power to the people, stick it to the man!
Exactly, 99% of the newly constructed path has been built on land that isn't owned by the house dwellers. Its not even subject to possessory title or official claim. How can you seek sympathy & support for something that's only intention is to benefit the public then selfishly claim ownership & power over its potential use. I find many of their explanation disingenuous especially when suggesting "they aren't against the station operating". It certainly gives a level of credence to several blog reports regarding the "Nutters" who often frequent the facility.
@@ALTNABREACthat doesn't make sense as the 'solum' is the land beneath what has been constructed above. You can't own the solum under land that you don't own. Please explain.
If you think that trespassing and building on another person's land unlawfully is a 'nice job' then you support wrongdoing and have no respect for property rights and laws. Let them come and do a 'nice job' building a path on your land without your permission.....I'm sure you would be paying attention to property laws then!
Uh, have you not seen that they left a lot of destroyed trees pretty much where they had fallen?! If they were being respectful, then they should've tidied up and cleared any mess they made. They're just being total arses and disrespectful. 😕
@@LizAltnabreac-u8h There is no trespass issue involved here, welcome to Scottish Law. There is already an access road which your surveyors letter clearly states is within your site. Network Rail have a duty placed on them by the law to "maintain and improve" that access. The one seeming to be difficult and having no respect for the law would appear to be yourselves? no?
debatable I've worked in construction all my life if they threw that path in 3 days and only used a compactor plate which appears to be the case in 2-3 months the ground will settle and have humps and hallows all over it not to mention the hill down to the station is very steep and the edging they ran across the bottom is a trip hazard which is only a few steps away from the line. By todays health and safety standards without a doubt in my mind that path would fail if anyone other than a multi-million pound company like network rail installed it and a reasonable person not paid off inspected it.
That's your own opinion. And this is the law: This difficulty is addressed, at least in part, by section 65(3) of the Land Registration etc. (Scotland) Act which provides that the Cadastral Map is not inaccurate where it shows something incorrectly by virtue of an inexactness in the Ordnance Map as long as it is within the published tolerances for the scale. In other words, the Cadastral Map cannot be more accurate than the Ordnance Map. What this means for understanding Land Register titles is that you must always take account of the scale of the underlying Ordnance Map when interpreting a Land Register title plan. "The Cadastral map cannot be more accurate than the ordnance map" Get it?
@@ALTNABREAC it's not opinion. It's fact. Unless you can provide a case where low quality satellite imagery was used to decide a case relating to only a few feet
@@laughingboy279 It's not low quality satellite imagery that ROS use, it's a high-quality ordnance map. I'm confident a Chartered Surveyor of nearly 40 years knows best. Unless you have higher credentials? is that what you are claiming?
Sadly I live in the States and the laws are not the same . From what I see is your land has been molested and this needs to be taken to court . I read in the comments that you are just looking for a check . I disagree! You are looking to stop the blatant molestation . Also you need to be made whole . As a land owner I do understand. I have removed people from my city that were trespassing. We are care takers and owners of the land . We have to keep on top things .
Ask Network Rail for an plan, title, boundaries and description to prove their claim. The publish both the documents from them and also your deeds. As we sit here watching your videos, we only get one side of the story. That is not to say you are hiding anything, but it would clairfy beyond doubt who owns what and what third parties are entitled to do on your land. That is what I would do because you need the public to be on your side. Here in England, (it may be different in Scotland?), we have to pay for title plan from HM Land Registry and people won't do that even though it is only a few quid. You could always fence the right of way in too.
NR has sent a document to us claiming this document is proof of NR's 'good' title to the land they are claiming to own...we plan to do a video about this document to show the public that it is definitely not proof of 'good' title and NR's solicitors know it is not! If they had a legally valid title they would have utilised the civil court process a long time ago. As they know it is not a legally valid title, they are using BTP instead to try and take our land from us.
the public right of way is the other entrance towards the station, on you title map it is the blue line. your title says it is vehicles too. oh and the track isn't included in your titke map. the satilite overview isn't accurate. the track is in grey next to your title.
Perhaps clarify as to why this was not sorted out before you purchased the property. If you are sure of your position ,Mark it,fence it,and say, "see you in court".
Have been following your channel with interest but something appears to not be matching up here... Compare: 1) Your surveyor's overlay on the aerial view at 21:43 where the (north)eastern boundary of your property is marked up against the boundary of the woodland to the northeast with 2) The (north)eastern boundary on the Title Plan at ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-JJ6q9vngTkA.html which appears to have the same shape as the woodland boundary but is set back from it? Why would this be the case? If it weren't for the shape of the small "missing" southeast corner, I would have suggested this could have been a mapping error during digitalisation. Therefore, I suggest you need to find any historic documentation and maps that you can for the boundaries of your property. Not to get controversial, but in my lay-person's view, on the Title Plan it looks like only a left-hand third / half of the width of the driveway is on your land - judging by the width of incoming track in dark grey from the southeast. Only a detailed survey on the ground with exact measurements would be able to tell you for sure. Also, on the surveyor's overlay, the (south)west boundary of your property is inline with the (south)west boundary of the neighbouring property to the south. But on the Title Plan, the (south)west boundary does not align with the dotted line of what appears to be the (south)west boundary of the neighbouring property. I suggest you get a copy of their Title Plan and compare it with yours. Out of interest, I may have missed this, but who owns the woodland to the (north)east of your property?
What a pair of whingers,cherry picking the parts you want to look good,,, not allowing public to deviate an inch, stop, and stopping network rail doing maintenance,cos its the "law" ( hmmmmm) ..they would do their work,tidy up n feck off, let em get on with it and stop it costing money ..
It is possible for you BOTH to own the road/driveway and have shared access. That’s something neither you NOR National Rail seem to be acknowledging. In which case, they have every right to access it, as do you.
yes, the driveway outside the property gate is 100% owned by the forest, and it is possible the forest group split the roadway access inside the property gate to guarantee they could load timbers onto forest trains. This is separate from public access by pedestrians. Actually, if true then this would be access to load logs using trucks/lorries onto the shared road inside the property onto the trains. There is also a separate plan from 2021 to load logs onto the tracks across from the platform to the west of the property...and that may be the true issue here for the landowner couple.
@@Carlos-im3hn The (north)eastern boundary on the Title Plan at ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-JJ6q9vngTkA.html appears to have the same shape as the woodland boundary but is set back from it. Why would this be the case? If it weren't for the shape of the small "missing" southeast corner, I would have suggested this could have been a mapping error during digitalisation. In my lay-person's view, on the Title Plan it looks like only a left-hand third / half of the width of the driveway is on their land - judging by the width of incoming track in dark grey from the southeast suggesting the driveway is split ownership as you suggest.
All shared access has the same established rights of access, irrespective of who actually owns the land, ie. If my neighbour owned the driveway my house sits on and in order to access my home I need to cross their land, this is a right of access and no-one is able to prevent this under common law. They need to take some chill pills climb off their high horses and realise they are not the only people in this world, or who need that railway and station maintained and open to use!
There would appear to be a Public Right of Way along the driveway no matter who owns it and if the Right of Way follows the course you walked in this video along the edge of your property, why did Network Rail build a new path round to the right of the declared route and in so doing destroy trees belonging to your propperty? If this new path is now the official route to the station then the original route as depicted by yourselves must now be defunct and as such could be fenced off by yourselves from the metal gate that allows access to the new path to the station, as access along the earlier route is no longer applicable.
Firstly, I'd like to preface my comments by saying I'm sorry to hear you both are so distressed by these events; however, many of your claims don't stack. For example, you claim the network rail staff are criminals, but by definition, a criminal is someone convicted. From your video, no one has been convicted of anything. Similarly, the surveyor clearly says he needs to visit the site to be able to give a view; however, you are claiming because it appears he agrees with you, that is some kind of evidence.... remember a couple of episodes ago, you were saying only a sheriff could make such a determination. The last point can explain why, rather than making videos, you don't engage the legal system, get an injunction, and fight the regular routes. Call me cynical, but it seems you would rather abuse workers and police so you can get money via GoFundMe.
Ok, on the other video I commented on, I was very much on-board however having now watched this one, I'm not as on-board as I was before - None of the path that has been constructed is on your land nor do you own any of the land from 11:28 to about 15:40 and your own printouts showing the land you own also supports that fact. What I would still agree with you on is that I don't believe they had the right to access your driveway in the way they did and use your driveway as a construction site while building the new path.
the station was temporarily shut in November 2023 by ScotRail or NR due to maintenance issues, the issues caused by blocked public access ways in 2023. So when the station was shut in 2023, then NR or ScotRail probably removed the trackside notices. However, this is all part of a 8 station upgrade for ScotRail and NR to add new kiosks have: stop radio, screen status display, help, and solar panels. This is the only station that has these public access issues.
If it's a recorded right of way, which you yourself state @ 3:25 then what the heck is your problem? Just do the sensible thing and get your solicitor to sort it one way or another and then you will not have to keep putting these (Very repetitive) videos up!
as mentioned the Previous owner gave Net rail permission to use their drive they lost that authority when the current owner purchased the Drive with his Home I have seen the map of the survey and Distinctly shows the only access is the Public Footpath If Net Rail is so sure of their access, why did they build another Footpath to the station.
I'd personally be thanking network rail for putting a much more private walkway free of charge in for you, its been made very clear by you that pedestrians have access so I really don't see the problem, they have made it better for you? It all seems very petty, they only wanted the access only to make the pathway!!! Id like to add, NR has a duty to maintain a SAFE access for pedestrians, there was not safe route, So its the land onwers duty to do the right thing as well here and allow for this pathway. I really don't see the issue here. Get a life!
Please know that this new pathway was not constructed for the PUBLIC. The public already have a route to access the station over our land which is a legal right of way. NR do not have a legal right to access our land without our permission and they already know this but to to build this pathway, they falsely claimed to the BTP to own our driveway so they could get all they vehicles and machines on our land unlawfully to build it. They have acted totally unlawfully and NR is misleading the public. NR built this pathway for their workers and agents to access the station NOT the public. Members of the public were never blocked from using the public right of way and loads of people have visited when it was open and since it has been closed. All this about 'safe access' is NR misleading the public when all they needed to do was get our permission to access and use our land. That is why they could not access the station last year. It was NOTHING to do with 'being unable to 'safely access' the station. They could not access and use the station because they need our permission and if they get it, then things can progress. Very simple. PS: NR do not have any duty to maintain a public right of way. The public right of way is NOTHING to do with NR. Get it right!
@@LizAltnabreac-u8h if that path is only for railway workers, then it should clearly be signed as such, with appropriate barriers to stop members of the public accidentally using it. www.orr.gov.uk/media/10698/download etc shows the steps that should be taken, it seems unlikely they have been in this case.
It's a question where the accurate/official border is. On the map, the driveway is not on your property, while according the aerial photo it is and is the hedge on the border (how accurate are the drawed lines?). I think that the railway looks to to drawing and not to the aerial photo. And according both, your compost box and the washing line are not on your property unless you did buy/rent the extra ground. I advise to let a surveyor map out the registered border with poles (while your solicitor is present) and let your solicitor sent photos of it to the railway.
A planning permission was granted for a house opposite me based on the OS map, there had been no site visit and the os map was based upon developers plans in 1968 not what was built which was 5m out. Based on the real dimensions of the plot the permission shouldn't have been granted. May be similar where the "map" is based on outdated unchecked info not real surveys
Did I hear the uploader reading out the words "the ACCESS.... is excluded from Mr Appleby's title"? I've listened to the lines several times (7.32 onwards) and I am fairly sure he reads the word access and not driveway. Is it possible that they have used "access" to mean the access and not the driveway? I mean, if they meant driveway why would they not use the word driveway? So it remains unclear to me why the uploader would insist on repeating the accusation that network rail's external solicitors say that network rail own the driveway when the letter does not claim this. Is it simply that the uploader considers it perfectly acceptable to substitute one word with another which is more convenient for his own narrative? Maybe I just misunderstood what was read aloud.
Where have the bike racks, way out sign and information board gone? Looks like it's all been ripped out since the station was temporarily suspended, along with the gate.
Since the entire noted Nov 2023 temporarily closed station is being upgraded now by NR, and NR/ScotRail are moving the station items to the "new" north-east edge of the station platform, then possibly ScotRail removed all the old "mid" platform station items (at the Nov 2023 closed station) in preparation for the station upgrades to be soon installed. That would be reasonable, no ?
@@Carlos-im3hn seems a bit of a waste having to move it all when the station has operated with an entrance / exit since 1874. Corrour is a good example where the station is well maintained and used and seemingly no access issues for Network Rail or ScotRail staff.
@@mudbuddies1068 well there are eight (8) ScotRail stations being upgraded the same way now with radio stop request and modern equpment. Separately but related, there is a new 25m 4G tower being installed 1km away to relay these radio requests back to the telecom network. Another item is the new forestry logging installation across the single train tracks to the north-west side for many years of future forestry logging. There is a single train track now there, but if there is enough logging then there are old rail sidings which would/could need upgrades. The new 4G telecom connectivity will probably entice many new homeowners to the area that want remote living and remote work from home. This whole area could then be developed for homeownership and establish a new community.
Its likely they have a right of access to maintain the railway. The public right of way through a pedestrian gate is irrelevant. I think the courts would look at how the right of way was originally envisaged. I.e vehicle access to maintain a railway which is clearly still in use. This would be true if even they dont own the land. If you take this to court you will probably bankrupt yourselves. Think arbitration would prob be the better option if thats possible ?
That's a very strange letter ? after the second paragraph ending in ".... partially included." There is the start of a new sentence "The eastern" but the sentence isn't continued or finished? I'd suggest it's not a very good chartered surveyor that sends out correspondence with incomplete sentences in it! And before anyone suggests it, it's not that the rest of the sentence has been digitally removed, it would have to have been removed for thousands of frames of the video, and that removal would be really obvious. The rest of the sentence simply hasn't either been written, or for some reason hasn't been printed when the letter was printed. Very strange!!!
Not only a dodgy print of someone's letter but pretty worthless when he sums it up with the fact that he would have to visit the site to confirm anything. Hardly worth the paper it is partially printed on.
So I don't agree with how network rail have conducted themselves or how BTP have taken their word over yours when you have shown them proof, I hope you do get this sorted and although its probably not relevant I noticed how steep that path is before the tracks which in my opinion would be extremely dangerous should someone using a wheelchair use that rather than following the old pedestrian right of way that you two were fine with people using. they also put an edging at the end of that path and with the 3 day rush they took to install it chances are the ground will settle leaving a lip which people could trip over and with it being what appears to be only 2-3 steps away from the drop onto the track and there not being any sorts or guard rails is also dangerous. What I will say is your unlikely to win and at best you may get offered some sort of pay-out to reach an agreement if its reasonable in both terms and value I suggest asking for a condition they place proper fencing separating your boundary from theirs. Chances are they will go the route of burying you in paper work and spending 10x more than what they need to in legal fees than coming to a reasonable agreement with you two though. Good luck.
yes recently. Also in November 2023 when the station was shut due to blockage...the police probable were also there. At this point the landowner couple have a few legal matters on their schedule.
Have you uncovered any survey marks on your property or close to your property. These will be used as evidence in verifying your property boundary according to the cadastral survey. The railway (Network Rail) would also have had to have surveyed the permanent way and coordinates would have been established of trackside equipment. This could also be used to tie back to boundary markers.
That's certainly something that needs to be looked at. Going to leave it with the surveyor. Apparently by measuring using the title plan, everything is as we thought. Thanks for your comment.
So they wanted to put in a path that stops people walking past your house ? Would you prefer they did walk closer to your house? Lets hope for your sake the don't make a compulasory order for your land and put in a car park for the railway.
@@ALTNABREAC ok ,but the current access doesn't look very good for disabaled folk. What is there reasoning for them putting in the new path ? it is probably the local council making them meet health and safety standards.or would you prefer they put a new path in at the side of your house? Surely these are things you have asked them ? Usually 3 sides to every story and we only have one so far .
The point is that NR bullied their way into doing the path, and did it without consultation with the land owner and despite clear objections. So although the path as a new right of way, may have been the perfect solution, is still down to both parties, to ensure the land owners rights are respected, whilst any mutually beneficial work is done, and done to ensure the minimum of disruption to the land owner, and do the work in a way that blends in with the existing property. What about the chopped down trees they left everywhere? A wood chip path, as laid down by our Council in a local park, would have coped well with foot traffic, and would just need a yearly top up. No need for heavy machinery. NR are just bullies.
@martinkelsen6049 ever tried to use a wheelchair on a woodchip path? How do we know network rail hasn't tried to sort it with them.They have to maintain it and make it better. Looks to me like they have tried to move the path away from the house, which will take people away from the house. It's clear the owners don't want any work done, but it needs to be done.
@@davidt5199 a muddy dirt, rocks, and woodchip path. The slant of the new public access path NR built would accommodate a baby carriage as this is all up in the woods and there are many steep hills just outside this train platform, all around.
Network Rail has planning permission to re-instate the passenger waiting room, build an electronic signalling system, install a wi-fi mast and a solar powered plant room and associated cabling. This is the reason for the safe path to the platform. Two questions. Did you raise a planning objection to this development on "your" land? When Network Rail complete the upgrade do you believe that you will own this new infrastructure?
They've tried to block the necessary work to re open the station every step of the way, but no doubt they'll be quite happy to use it, if it ever re opens.
We were never made aware of the planning application. They sent us a letter 5 days before coming, then we stopped them for the first time. It would not be lawful for Network Rail to build anything on our land without our permission.
So in answer to the question, do you believe that the new waiting room, plant room, wi-fi mast & cabling that is going to be built at the station is on your land?
I'm still confused. You show an aerial view of the house and access road from this surveyor. It shows a boundary at the Eastern edge of the road yet you vlsim the new path built by NR which is in the wood further east is on land you own. How are you claiming ownership of this piece of extra woodland?
Can you not get out of the realy horrid habit of constantly saying erm!? Also as I have said before put a real picture of your plans/ deeds on here so that we can all see them properly!
The right of way exists providing a member of the public passes over the public right of way within the last 12 months. But normally if no one has passed over the land in 12 months the right of way still exists. Only scrupulous landowners will temporarily block a public right-of-way for 12 months and as soon as the 12 months are up they will permanently block the right away.
You can apply to move a right of way. That’s probably what Network Rail is aiming at. If that was my house, I’d rather keep the right of way up the driveway, and keep the privacy of the wooded area.
I would be going to the solicitors who did the searches prior to your purchase, obviously you know what's contained within the search which forms the vast majority of your issues, not up on Scottish law, but surely the title deeds are not open to question or interpretation aside from the facts of the matter as to ownership.
Amazing. The right of way is how wide...? 12 foot 24 foot or 32 foot by law. So anything right of the gate is right of way. From the left of gate if marked correctly. They can bulldoze this, and it's none of your business. It's our land... Not yours. Now I can see the line from station. I can understand you thinking it's your land.. So it seems to be a 12 ft easement.. Get educated on maps. But if it's crown land. It's our land. Probably is your driveway. But to the right is easement...... Needs to be a site survey. I can see reference points..
I used to have a similar right of way clause whereby I was permitted to move my waste bins through my neighbours garden, its a smaller scale version of whats happened here (although nobody took a hissy fit), I don't see the big hullabaloo that you have created, Im sure this is a case of some folk from outwith moving into the county not reading the small print and/or not fully understanding the access rights. The signs and chains were also ridiculous. Also, never mind what the workmen say they maybe dont understand who owns it, we don't know how they were briefed and maybe they dont care or need to know anything other than that they require access to do their job.
They’re building another route to try and resolve the matter without having to go through court proceedings. Like I said, it sounds like you BOTH own the road/driveway and have shared access. My house & my next door neighbour BOTH own our driveway until it meets the public highway and we have SHARED access. On my deeds, it shows that I own the driveway, on my neighbours, it shows that she owns it. However on each of the titles, it shows an easement giving shared access to the neighbour. Please google shared access.
No, Network Rail DO NOT own our driveway. We own the entrance and entire driveway! They are falsely claiming to own ALL of our driveway. We have explained this clearly many times. The driveway and some of the cattle grid is wholly within our registered title CTH7726. It is indisputable that we own the driveway and Network Rail do not. If Network Rail owned our driveway like they're falsely claiming, then why have they built an entirely new route to the station.....I think the answer is obvious: they do NOT own our driveway and they have built a pathway on land they do not own! This is nothing to do with shared access rights. It is a dispute about land ownership.
You will never succeed in your fight until you get a court order surely you understand that by now? Until a judge deems your rights superceed that of network rail
Might I suggest you write the head of NR Scotland. Plus might I suggest you speak to your conveyancing Solicitor and get an independent specialist solicitor to check everything. NR rarely if ever give up access rights please get a specialist to check
Network Rail can outspend them on legal costs, and will try to wear them down by simply extending proceedings, delaying proceedings, and if needed appealing. The process itself will be financially and emotionally destructive. Any ordinary citizen versus a state funded company with infinite pockets is a tough battle to take on through simple court action, unless you are significantly wealthy. So, even if they are right, which looks highly likely, Network Rail will use the process itself to try and win. There are ways to fight back, use the many and various safety breaches which if reported will be looked at in detail by the regulator, complain about the police action (both forces here BTP & Scottish cops) in the right way to force review of the police approach and if necessary appeal that to the IOPC, which will force a more independent review. Go an sit down with the local MP, Member of Scottish Parliament, Councillors, etc. I would also be reviewing your insurance policies see if any cover legal costs for stuff like this. I would be demanding your conveyancing solicitor refers this matter to their own professional indemnity insurers with a view to providing funds to resolve. And so on. Its a tough one. I would also be writing letters to the rail magazines, and on the rail forums, and get some publicity that way, you would be surprised what get a summary published in a magazine read by lots of the rail industry would do. I would also try and speak to some of the local rail union reps.
@@brianjohnson5789 yes it’s shows the unequal playing field these people are on doesn’t it when you explain it like that. Thanks for your comments. Certainly helps me to understand the complexity of it a little better 👍
Not just that but Network Rail have right of access as the drive has been used since the station was built as its access road. If someone owned the land controlling your access to your land, you would have right of access along any historically use path or driveway. No one can block that "right of access" if they could it would dispossess many thousands of people of their land and property. Right of Access is established under common law. These twits don't seem to have the basic common sense to understand! At the end of the day Network Rail could also make a compulsorily purchase order. Easier to just let them use the drive and keep the railway and station open and safe - which these idiots couldn't give a toss about!
okay so, just let this go, I know you have a point to prove, and are prepared to have loads of stress for years to try and prove yourself as correct, but life is WAY too short, the moment is gone, the past is past, dont waste your future on something from the past, especially something like this, it really is not worth it
@@ALTNABREAC well you are not giving anything, they could be a real pain though and stop you using the land were compost is and washing line etc etc. what am saying is, they have gone, done, finished. you could fight for years, for what? is the final plan that they will bring more machines, remove the path they built, errect big fences maybe, or harrass you about land you use that is theres, it's just not worth it, it's essentially moaning for moanings sake. maybe you should review what is actually you expected end result here, what is the expected final happy moment, and is that realistic, and is the cost worth it, given that you would probably never here from again for another 10 years
What is your own lawyer doing about it as you stated he said it was all your property if you have no satisfaction from your lawyer contact the law society
As an aside injunctions are an English legal thing. In Scotland the nearest equivalent is an interim interdict. Although there are some similarities between the legislations (not least because Scots Law HAS been influenced by English Common Law) Scots Law is derived from Roman or Civil Law.
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The washing line being so close to the path is a definite problem. You'll need to watch out for knicker sniffers once people start using it. Take care to protect your smalls.😂
@ALTNABREAC suggest you re-look at the letter. At the end of the second paragraph a new sentence starts "The Eastern..." and then stops. What do you think the reason for this is? Either; somethings been blanked out or, the surveyor doesn't have a very good eye for detail- which as a surveyor you probably need!
Its a simple question. A professional letter that you've paid £100 for has an incomplete two word sentence and you don't seem concerned. Either somethings been blanked out or your professional surveyor isn't very professional!
Tidy or not, when anyone, including large companies with their OWN policing agencies, DUMP anything onto private property, it then becomes the Property owners RIGHTS to remove the objects DUMPED, or to USE the objects dumped for their OWN Usage or Sale. BTW, getting it removed and BILLED to Network Rail, MIGHT be the way to go with illegal dumping of gravel?
So is this just for the contractors to access the old station platform for works to be carried out ? Is this a small person in network rail got it wrong and trying to flex there muscles, proper meditation should be sought, I worked for a large supermarket and they were not aware of their own boundarys also. So are your animals track trained?
Why Network Rail cant just ask in advance unless its an emergency that relates to the rail, Can we access the driveway and offer to refresh the surface of the whole driveway, so its nice for you and for the public to access the platform, maybe just prepose it to them. To be honest and frank here I can see if they need to get to the platform for maintenance they just need to ask to be allowed access via the driveway, and i assume you would reasonably allow access. If the condition of access/public right of way is poor condition and its in the titles that the owner has to keep the upkeep this would be for you to upkeep. As for the damage that's outright criminal, the contactors who did the job where just doing as they was told, but I also saw the police probably BTP, so the port of call was to call your own local police as they land was not British Rail or National Highways. I know it wont do much as it like reporting the old bill to the old bill, but it will create a Crime Reference number, maybe the CPS will pick it up. For the chains and lock, may I suggest a gate without the lock as there is some doubt about right of way, and with the public right of way gate i have seen it has been locked in the past videos, this is a right of way so should not be locked just latched. The last thing I see that could happen is they take legal action and make a compulsory purchase order, thus they could buy all the land east of property and you would lose, either by court order or a long a drawn out legal battle which when you cant afford it anymore any income you get from the CPO will pay for your legal costs and probably see you lose your home. I See this is causing you stress and from an outsiders point of view you have your rights, I hope that network rail and you guys can mediate and get this sorted asap, they want the station open for the public, you have stated the same.
SO, I get exactly what you have problems with, and I sympathise. It's quite wrong what they have done and what they are assuming about their legal rights on your property. No doubt about that at all. I have a question though. I know it's probably really hard for you to see it - what with all that's happened and is still happening - but in effect they've re-diverted the public pedestrian traffic, from going right through your yard beside your house, where your animals are, to instead go around the back where the public is not so 'in your face' as it were. Do you not prefer that people walk around the back of that area to get to the road rather than walking up and down your driveway?
NR has built that path for their workforce when they begin the re-instatement of the station infrastructure. It is not for public access. Planning permission was granted and the couple never objected!
@@jonpotter5536 Ahhhh why don't they explain in these videos what the new path is for??? That's absolutely vital if anyone is going to understand what's going on here!
Strange situation. You would think a large organisation like BR would get there facts right. If you were so sure you should not of moved your car. An arrest would have took it to court. It would have been sorted then.
If you’re so sure of your facts in this case, why don’t you seek resolution through the Scottish Courts? It was interesting to hear in a previous upload that you were both willing to “Fully cooperate” with Network Rail in order to reach an amicable agreement! Personally, I think the pair of you are hell-bent on confrontation, nothing more, nothing less.
You are wrong. We do not confront, we stand firmly on our rights. Perhaps you should be asking NR the same question you're asking us - if they were so sure of their facts why have they not sought resolution through the civil route instead of using their private security BTP to threaten to arrest us to get them unlawfully onto our land? The short answer is that they already know they do not own our driveway or any land here at Altnabreac. We have shown a willingness to try and work with NR because we know there is a service here that should be up and running. That is the reasonable way to deal with a civil dispute. However, NR chose to act unreasonably by falsely claiming to own our driveway and using the BTP to get them on our land unlawfully. NR committed aggravated trespass and criminal damage and acted wholly unreasonably. That is CONFRONTATIONAL.
@@LizAltnabreac-u8h With the upmost respect, once again you’re merely repeating previous waffle. Please, take your case to Court of Law and be done with it. To be honest, I’m extremely surprised that you’ve chosen to air your dirty laundry through social media, this is after all a civil case between two parties and not one for the entire world to endure, is it not? In reality, the only thing you’ve achieved thus far is to pour fuel onto an already raging fire. Good luck in Court.👍😎
A public right of way may exist but you are correct in that it doesn’t necessarily mean that network rail can use this for vehicles. Also it should be remembered that they don’t need to cross your land to get plant & equipment to the station as they can use access, which is less that 700m away, via a level crossing and then use road-rail plant to access & work on the station. In my opinion Network Rail are being extremely lazy in not using this obvious option and BTP should be enforcing them to use this option as it defuses the tensions. Finally this dispute needs to go to court and if shown that both Network Rail & BTP, in their support of Network Rail, are in the wrong, compensation MUST be paid by both parties in the wrong plus all works on land that Network Rail don’t own must be removed and the land restored and restored to what it should look like now and not “we will plant stuff and it will look the same in a few years!”.
Have you a mortgage on the property if so you should make them aware of the situation. The reason being the value of the property may be reduced due to BRs claim.
You keep saying you don’t support the closure of the station, yet it was both of you who caused this by refusing safe access to the station for maintenance purposes. Throughout your RU-vid content, you’ve been obstructive and at times argumentative towards Network Rail staff, trying their best to just get on with their job. People supporting you on here would do well to research the reasons behind the closure of this amenity not only for walkers/ hikers, but locals too.
@@ALTNABREAC my land is nowhere near an active railway. I personally believe you wanted it to close and are determined to see it permanently closed to protect your own privacy. Utterly selfish
@@robbielandy77 Yep, I’m sure any sane person would be alarmed and distressed at someone trying to access their land if their land included a public right of way . 😂😂😂
Just found road to station on our public road you claim as your own. Plus wikipedia has been altered to say no road by someone. Definitely a public road/easement to station.
No there's not, even on Scotrail's website it says no road access. For a start it's a private road to the forest track. Then locked forestry gates, so you couldn't be more wrong.
I tend to agree with you over all of this, I especially feel the use of police to force entry rather than NR going through the courts is outrageous, but on a previous video , one of the first where you let the police in through the side gate am sure you had to unlock a padlock to open that public access gate, why was the public gate padlocked? was that legal? I'd find that equally bad to be fair, you can't block the public right of way not even for a second.
I did get my land surveyed my neighbor was so dysfunctional he cut the corner of his house off with a chainsaw. That still didn't meet requirements lol
I’m not sure here. This is really straightforward, if it’s fee simple land…pay for survey and any party that has breached your rights (including the police) are liable for costs and civil reparation.
@@ALTNABREAC It will be a tough thing to find a solicitor that will go up against ANY large corporation/company, as money will talk. Still and all, at least the letter from the land surveyor can be made into a Photocopy, and sent registered mail to Net Rail as PROOF that you own the specified lands?(Whats registered mail and a photocopy cost?) I say registered mail... as they would have to SIGN for the letter delivered, thus providing proof that they recieved the information.
@@ALTNABREACget a solicitor. Most offer the initial interview for free. Take your written evidence to support your case but crucially do not talk over the solicitor just listen (even if it's not what you want to hear). Your initial interview is short and there is no time to go off on tangents.
You either get an injunction to stop this, or you sue your solicitor that did the conveyancing or the previous owner for non-disclosure? You will get nowhere on your own.
They can't because it is "Right of Access" the road has been used as a right of access since the station was built, it's established right of access which enables Network Rail to access their own land. The same as if you couldn't'[t access your property due to someone else owning the drive, if it is established right of access you can not be prevented from using it under Common Law.
This is now even more serious, this is now a criminal matter that needs to be resolved in court. Damages for the destruction of property of a private dwelling by a corperation supported by BTP is unforgivable and the BTP should also be taken to task. I hope that you have instucted the Scottish High Court that you wish to press charges against NR and their contracted companies as well as BTP. Taking the fact that Alarm, Harrassment and Distress has been caused by false allegations of arrest by BTP if you do not bow down to the illegal trespass is actually Malfiesense by the BTP, also the Scottish Police Office can by taken to court for ignoring the fact that a crime is being committed on you property.
Please be careful about using his letter, their legal team will focus on the usage of “Appears’ and “clear definition can only be given following a site visit
I'm so confused by what's going on here because you seem so sure of your position without having a solicitor, and Network Rail have an entire team of them who deal with these types of disputes every day.... I'm not taking sides but you really need a solicitor ASAP. These videos ultimately achieve nothing because you're not experts in law.
@@stewartmacpherson3230Yep it’s clearly a shared access issue. I own a property with a private driveway and share it with my neighbour who also owns it. We have shared access rights, simple!
Don't you think network rails entire team of solicitors would've sorted this out already if they had true legal ownership in court!!! But they HAVEN'T!!!! That's because they know they're in the wrong.
Surely before you purchased this property a search is carried out detailing, title deeds, conditions, boundaries, rights of way, up keeps shared access etc. The situation you find yourself in makes no sense to me there's a failing somewhere and most likely your end. NR would of jumped on this immediately had they been contacted - NR are brutal if they have a legal right.
The conveyancing history for Station House is extensive. We undertook research into the conveyancing history ourselves checking both the Land Register of Scotland and old Sasine Register because we suspected that Network Rail did not own any land here because of what we knew about the land dispute they had with the previous occupants of Station House. Network Rail swooped in as soon as we moved in probably hoping we would not do our research to discover what the previous occupants did: that Network Rail do not own the station or any land at Altnabreac! I am thankful we did our research! Our conveyancing solicitor confirmed that there is pedestrian only public right of way over our land to access the station. That is the ONLY encumbrance to Station House.
