BTP came 2 weeks AFTER we had already sent evidence to the Head of the Legal Department for Network Rail which proved that we did own our own driveway. Network Rail did not respond to our evidence. We sent exactly the same evidence to the Head of the Legal Department for Network Rail as what we showed to the BTP. www.gofundme.com/f/588854-altnabreac-cover-up
You might have a good case of heavy handed bullying tactics. Was there evidence on your computer that they opened it and if they did, they’ve ignored it and continue to bully you until you give in.
@@robertchapman6795 Hi, yes we have proof because they did reply to the message and avoided all the important information. Network Rail also did not give the information to their contractors QTS, they told them that they own our driveway.
@@ALTNABREAC well done for keeping and recording all the relevant information. Even what I saw in this video puts you in a good place. Be sure to keep an eye anyone attempting to illegally change boundaries. Good luck!
@@ALTNABREAC Respect When you stand up to A Registered Multi-Million Pound Company & Their Corrupt Lawyer's They Dont Care About Anyone Or What They Do They will use any means possible against you That's why they're sending the Registered Business Gang Cold Callers To Your Private Property Easiest Way To Sort Out Your Unwanted Registered Business Cold Callers Take Out A Registered Business Civil Court Injunction Out Taken Their Rights Of Access Away frm Entering Your Property For Harassment & Stress of Putting You guy's In A Sate of Fear & Alarm How many Video's are on you tube With The Registered Business Gang Turning Up In Force at Peoples houses With Fraudulent Documents That are not signed by a Sheriff or Judge When its Civil Case The Registered Business Police Gang Know They Have No Jurisdiction In These Cases I dont know if you have any CCTV fitted outside on your Property if not Please get it Motion Detection & Built in Microphones Can be connect to several mobile phones Especially if your out & these unwanted cold Callers Arrive I installed mine in 2007 with built in microphones Because of the amount of problems I had with The Business Attached to my family home The Amount of Unwanted Cold Callers frm the Registered Business Police Gang I was getting at my family home Believe me they were not interested in our kids lives being put at Risk to do with This Business guy owns Business is a millionaire Money Talks
My brother had a dispute with British Rail years ago on boundary markers which were old sleepers erected on end in a dug hole. Brother noticed the sleepers had been moved into his land to take out a BR curve. BR denied moving them but photos from two children's Easter party egg hunt proved otherwise. The sleepers had jumped sideways after the first party.
These people should be charged personally and personally arrested. Then! given long jail sentences for trying to steal people's land.. land theft is unacceptable. So are these Jackboot Thugs
A grumpy neighbour assumed that I shouldn't be driving up a wide 'path' to access my house and soon afterwards I had the local authority workmen turn up with a row of new concrete bollards, saying that they were intending to install them in order to block my vehicle access. Fortunately, I had a copy of my house deeds to hand and I was luckily there to see them arrive and I immediately realised what was going on. They saw the deeds, and that I was entitled to have access by foot or by vehicle and they went on their way. I wrote a complaint about this and I said that any further blocking actions would be a breach of my 'Human Rights'. Never a word of apology.
Worse still, they are being asked to make a judgement that should be made by a judge or jury in a court of law. Their job should be to execute legal warrants and enforce the laws only, not argue about property lines.
To be fair the two policemen looked and sounded like they would rather be eating nails than visiting the landowners again. Appreciating the two landowners were cheesed off by the whole process, but they didn't half go on and would not let the two policemen speak. The correct approach would have been to simply say it was a civil matter that was being pursued legally and that they were no engaging with the Police. Cheerio!
@@welshgit ..... If it is correct that the people have been arrested or threatened with arrest on previous occasions, what are they supposed to do? The Police have turned up in an official capacity and the man asked them if they were going to abuse their powers again which indicates that action has been taken previously. If it is a civil matter why have the Police become involved, which makes them look like pricks in this incident.
@@grumpyoldman-uk police are public servants they should have helped the citizen gather the proof for their case, not represent the business operator, I feel these police slightly tried to do that tbh.
@@boogboog8097 Sure, but these are just low tier policemen, so if their superior orders them to do something, they have to do it. Even if they obviously don't like it. It's the superiors who have to say "this is just bollocks and borders on harassment", especially if these people are in a registered civil dispute with Network Rail. These guys are doing their best, but the landowners are just done with it and these guys just suffer their wrath. To their credit, they ARE dealing with it in a professional way.
@@ALTNABREAC 9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say. Also knock off the freetard stuff about oaths. You know they're coppers, we know they're coppers, they know they're coppers. Keep it in the realm of reality, it'll help when you hand this over to a lawyer. If I saw this video and this was in my country I wouldn't be willing to represent you for all the money on Earth you've just said way too much.
@@ALTNABREAC Okay having watched more of the video I realised where the waffling nonsense is coming from, your wife. She's watching weird videos and getting weird ideas in her head. In future please ask her to go inside and handle it yourself. She's absolutely going to throw you under a bus with that nonsense, there's no excuse in 2024 to have pseudo-legal nonsense in conversation and judges are really harsh about that stuff now.
Network rail, need to show proof that they own the land. However the land owners have shown they own the land and not network rail. The problem is network rail doesn’t like being told, they think they can do as the please. When this is not the case. The btp have no rights in being involved in this matter. But network rail want to bully the landowners.
@@maximiliandegarnerinvonmon6457 Say that after you have been harrassed by the law acting on behalf of a company. Respect and civility become farcical after a point. The police acting polite and genial whilst threatening arrest is an illusion of civility.
Yeah idk why he didn't use the net they gave him, I mean sure you look silly wearing it - but you look sillier freaking out and flailing. I felt so bad for him.
Trespass is a civil matter; aggravated trespass is a criminal one. If you obstruct someone carrying out their normal daily job (for example) by trespassing, that's the aggravated bit. I presume that's where the cops come into it. Frankly, however, arguing land ownership with the police is silly: this is something that needs to be sorted out in court, by lawyers.
@gordonbeaton8131 And which Christmas cracker did you get that gem from?! You might want to look up the Trespass (Scotland) Act 1865, as amended by the Criminal Justice Act 1982 (which reduced the penalty). You may be thinking of the Land Reform (Scotland) Act 2003, Section 1, which grants access rights to land. But that only grants the right to be on or to traverse land for very specific educational or recreational purposes. It wouldn't apply to being permanently on someone else's land because you think it's yours. Not saying it is or isn't there land, mind. That's for solicitors, surveyors and courts to work out. But you can definitely commit trespass in Scotland. Though looking at those midges, I don't think I'd bother!
No such thing as trespass law in Scotland. The nearest equivalent is that you can cross[/enter] a private threshold as long as it is not for the purpose of committing a repugnant act (e.g. a criminal offence). Also the Right to Roam law in Scotland now means landowners cannot fence off ground to prevent people walking, etc (though it doesn't mean you can just rock up and pitch a tent in what is obviously somebody's private garden around their house). Part of the problem that you also have here is that British Transport Police aren't actually British - rather they are English Transport Police whose authority extends into Scotland on rail networks and they end up trying to enfore English laws at the behest of an English company in bits of Scotland.
@@boogboog8097 Of course they would. All alleged criminal offences have to be proved beyond a reasonable doubt. Easily done, one way or another, I would have thought, with lawyers and surveyors. Point being, however, that the police arrest you regardless of guilt, provided there's a _suspicion_ of guilt. So, the police don't (and can't) operate to the same legal standard that the courts do.
@@kt5661whilst they may access private land, they do not own it, and therefore cannot prevent the owner from accessing it. Out of interest it states access is for maintenance and accident prevention, looking at the video it's difficult to work out which if any applies.
@@kt5661maybe but ask permission first or you could infact have your grandchildren playing NR the railway line question is this line still in use don't look very bizzy there
@@tonypriest3567first of all what if they did ask permission and they said no what then and railway lines run all over the country not just to busy places and as for grandchildren playing near a railway line it should be drummed into them not to be on or close enough to one to get hurt by a passing train or any works on the line it’s that simple
even if they were abusing their authority, they have no jurisdiction, didn't have a warrant card, didn't state their names, rank. numbers and that they were recording. You must work for Network Rail
@@jackryder-sw9rkyou obviously missed the part at the start of the video where they clearly stated their names and numbers. Warrant cards only need to be displayed in plain clothes.
Im canadian.. having said that, this was the most polite and calm i have ever seen anyone interacting with cops before, this coming from someone that has dealt with cops more then a few times in my past.
The officer said he agreed it was a civil matter and that it was not his jurisdiction and then proceeded to get out your title plan for the property to 'advise' you that you did not own your own driveway! It was not for a police officer to 'advise' you that you did not own your own land as he is not qualified to do that nor does he have the authority to get involved in a land dispute between parties. So what if his 'opinion' was that you didn't own it? He would have gone ahead to arrest you! That is biased policing for sure because he would have decided all on his own that you did not own it based on his unqualified 'opinion.' It is not for the police to decide who owns what land in a land dispute. Totally unlawful of them to get involved.
"The officer said he agreed it was a civil matter and that it was not his jurisdiction".................. that should of been end of story for the Police
@@kt5661 Section 14 of the Railway Regulation Act 1842 allows network rail access to private land in an *EMERGENCY ONLY* and you know this really because your a train enthusiast!
And under the Human Rights Act the owners of the property are entitled to free, peaceful, undisturbed, and lawful use of their property. I'm sure these people would allow access in a genuine emergency, but otherwise they are under no obligation whatsoever to cooperate with Network Rail, nor even the Police. For Network Rail to say a valid document showing ownership is "just a piece of paper" is a laughable concept as it would invalidate every single document. Network Rail needs to take the matter before a court if it believes they can question the ownership documents for the court to decide, especially as the Land Registry isn't always up to date as properties exchange hands. Also there can be doubt and dispute as to the ownership of land that is under the boundary lines dtawn on maps. It can come down to a matter of inches. This totally sounds like Network Rail wants to quickly force itself in there wuthout agreement or due process. If I was the land owner I'd be looking to put up a lockable gate. First it'd keep unwelcone people out at least initially. Any cut locks or chains would be criminal damage and a wireless camera could look over the gate. And by putting a gate in it'd force NR to go through a proper legal process to get access or dispute ownership.
do not speak to the police, do not allow them onto your land. they are not on your side. next time tell them to leave .its a civil matter , goodbye officer.
Thanks for your comment, yes, it is certainly a civil matter, and everyone seems to universally agree on that. On this occasion we used it to get this proof and video because we knew they were going to arrest us, to get Network Rail unlawfully on to our land. 🙂
@@kt5661I think the point is that NR has an access road NEXT to their boundary. It’s up to NR to keep their access road useable. Just because they haven’t, does not give them the right to use a private road.
You know these officers looked at where they had to go and thought "Ah Fuck!, not again". These 2 guys have been sent there and you can see by their faces, they'd rather be anywhere else.
This is why it was important to engage, tire them out and make a big impression so the next time they are contacted to come out they can have a frank discussion with the network and possibly threaten charges for harassment. This is a civil case and could have been resolved by that one statement but this was very well done.
Many years ago there was a similar access dispute over a shared path in Hampshire, the Police file ran to over 400 visits. The complainant just would not follow the Courts advice.
if police arrest you, they must prove grounds for arrest send evidence to support their case to prosecutors. If prosecutors reject police case then you win
@@ALTNABREAC no problem send evidence to btp chief constable tell them to stop harassing you or you will take them to court to have police case torn to shreds
@@pmarmify For any arrest there has to be grounds , evidence of a criminal offence or a likelihood of a Breach of the Peace and a necessity as set out in PACE and without them any detention should not be authorised which means any arrest would be unlawful and allow for action to be taken against the police.
@@magnum2k I'm a law abiding citizen and had to litigate Hampshire police twice and won. Pace and people's rights mean nothing to some police officers.
Unfortunately, I'm the real victim here as since the station closure Ive been unable to make my daily commute from Altnabreach to IBM Halt so have been let go, sacked, dismissed.
You'll need a Court decision on whether or not you own the driveway. It involves an assessment by Chartered surveyor on your boundaries and a judicial decision. That should fix your problem.
nit picking at a warrant card is just getting pathetic. Get to the point the police are not there to know every single section. of every law ever. There are simply too many and they have been told to turn upFGS they are lackeys. They know it.
Yeah, watching the officers behave like private security was frustrating, especially once they acknowledged it was a civil matter. It's always disappointing to be continually reminded that the police are not on the publics side, but on the side of big corporations.
The power of the constable lays in the person, not the warrant card. They still have the power of arrest, even if they are not carrying their card. Also, they didn’t try to arrest you. All they said was that they had had a complaint. You didn’t allow them to expand upon that.
@@tillybobs2No, that's commonly misunderstood. You caution someone when you are questioning them about suspected offences, it should always precede arrest, but doesn't require an arrest.
I did not hear the officers mentioning any arrest and they were only advising that whatever you say will be recorded and noted. It sounds like they only showed up to gather more information and intimidate the uploader...who kept interrupting the officer, who could not even explain why they were actually there. At least that part of the video has not been posted.
@@petet7083 Absolutely. The title of this video "Sent to arrest us ... aggravated trespass" is clickbait - they said nothing about arresting you and you kept interrupting them, instead of listening to what they had to say about why they were there. I thought the two PCs were extremely tolerant and polite. Your title says "On our own driveway" but presumably that is in dispute. I suspect that in law, the wording of your deeds /contract of sale takes precedence over any map / plan, but you concentrated solely on the plan.
Part of my land had been compulsory purchased from a previous owner by the railway company in 1974, and I paid a nominal lease charge each year to continue using it. From time to time, workmen would come along to maintain it. Everything was pleasant, no issues, I’d happily chat with the crew. A few years later, they didn’t need it anymore and, as I had always been on excellent terms with them they agreed to sell me the land at a very good price. Just let the maintenance crew do what they need to do or the likely outcome is your local community will lose their station, or you’ll find yourself on the receiving end of a compulsory purchase order.
Most corrupt police you should be saying. Abusing their police powers by acting as personal security guards for Network Rail. Let them speak?! They should not have even been there and should have left as soon as they agreed it was a CIVIL MATTER.
They were to arrest them on a civil matter and this was not the first visit. They didn't need to speak to the police, but they wanted to get video evidence. If you think police acting like private security to tread on your rights, is them being accommodating, then i have some yellow snow to sell you.
If the Scottish land registry is anything like here in England you will find that land ownership and boundary's can change if someone with power or money wants them to.
@@kt5661I’m guessing by the amount of comments and disinformation you’ve left on this channel that you have been paid by network rail to control the narrative. Network rail only have rights of access in case of emergency. They cannot just show up on this couples land and start building whatever they want.
I believe it’s called something like “making a note of interest”. In England you write to land registry and they put your name against the register and then when the property/ land is sold that is brought up and the ‘noted person’ has potentially monetary rights and I presume can even stop the sale! It would be worth everyone checking their land registry every so often, and certainly looking to protect that every time some company disputes like this.
This is what happens when people from England or Wales buy property in Scotland and think the English or Welsh laws still apply up here. They don't. As the landowner you are responsible to maintain public access to land and countryside. This is not two tier policing, this is Scottish law. Specifically the Land Reform (Scotland) Act 2003. You must give reasonable access for recreational and other purposes, to land and inland water throughout Scotland, this includes companies like BT, Scottish Hydro and Network Rail etc. to inspect and maintain their operations or equipment. Too many come up here and think they can do what they like. This is our country with our customs, our traditions and our own laws. If you can not integrate into our society then you should.....oh dear, that's not the direction I wanted to go in, but you catch my drift!!
You probably don't think there is a trespass law in Scotland either? So you just gave everyone your own opinion, let me give you the Land Reform (Scotland) Act 2003 to rebut your errors *6Land over which access rights not exercisable* (1)The land in respect of which access rights are not exercisable is land- (a)to the extent that there is on it- (i)a building or other structure or works, plant or fixed machinery; (ii)a caravan, tent or other place affording a person privacy or shelter; (b)which- (i)forms the curtilage of a building which is not a house or of a group of buildings none of which is a house; (ii)forms a compound or other enclosure containing any such structure, works, plant or fixed machinery as is referred to in paragraph (a)(i) above; (iii)consists of land contiguous to and used for the purposes of a school; or (iv)comprises, in relation to a house or any of the places mentioned in paragraph (a)(ii) above, sufficient adjacent land to enable persons living there to have reasonable measures of privacy in that house or place and to ensure that their enjoyment of that house or place is not unreasonably disturbed; (c)to which, not being land within paragraph (b)(iv) above, two or more persons have rights in common and which is used by those persons as a private garden; (d)to which public access is, by or under any enactment other than this Act, prohibited, excluded or restricted; (e)which has been developed or set out- (i)as a sports or playing field; or (ii)for a particular recreational purpose; (f)to which- (i)for not fewer than 90 days in the year ending on 31st January 2001, members of the public were admitted only on payment; and (ii)after that date, and for not fewer than 90 days in each year beginning on 1st February 2001, members of the public are, or are to be, so admitted; (g)on which- (i)building, civil engineering or demolition works; or (ii)works being carried out by a statutory undertaker for the purposes of the undertaking,are being carried out; (h)which is used for the working of minerals by surface workings (including quarrying); (i)in which crops have been sown or are growing; (j)which has been specified in an order under section 11 or in byelaws under section 12 below as land in respect of which access rights are not exercisable. (2)For the purposes of subsection (1)(a)(i) above, a bridge, tunnel, causeway, launching site, groyne, weir, boulder weir, embankment of a canalised waterway, fence, wall or anything designed to facilitate passage is not to be regarded as a structure.
@@ALTNABREAC I thought it was a rhetorical question, we have the right to roam, that is NOT the same as there being no trespassing laws. And while we're at it, please answer my question. Which specific parts of your answer apply in this case?
We have tried on many occasions to contact the papers *John O'Groat Journal*, *Northern Times* and the *(Highland Council Raymond Bremner)* Who completely ignored us. We also contacted *MSP Arianne Burgess* asking for her help, but she was not interested. The John O'Groat Journal March 01, 2024 *"Altnabreac station 'must reopen before the holiday season kicks off'"* Ms Burgess, Scottish Green MSP for the Highlands and Islands region, has contacted ScotRail to ask them what progress has been made on resolving the dispute and when they anticipate the station reopening to passengers. She said: “Given its location, Altnabreac may be a quiet station but user numbers were growing prior to the closure and creeping back towards their 2017-18 peak when around 600 people used the station each year. "Enabling people to access Scotland’s beautiful landscapes without a car is a key part of developing our sustainable tourism offer, so it’s important that stations like this one are able to operate. “The Easter holidays mark the start of the summer season for visitors and it’s concerning that the station remains closed after more than three months.”
Wow. Straight out of the Marxist playbook! “You WILL be loaded onto trains against your will!” I understand infrastructure needs upgrades and rework every now and then. But there is overstepping the Marx! P.s. I’m ashamed to have the same last name as Scott. Neil and Scott. Just tell your bosses there is more important work. Like stabbings, theft, drugs and assaults.
Dreadful....why ae you all talking over each other and why did you start wittering on about a section 38? Section 38 is a breach of the peace during a domestic dispute. You have obviously had numerous visits from olod netwirk rail etc. Get yourselves and senior representatives of all the parties round a table with your solicitor preaent and get it sorted. These disjointed conversations will go nowhere to resolve the issue.
Solicitors??? Why? The first stop for any adult is a cautious written engagement. You point out that you're NOT refusing - and will be happy to cooperate on access, once they properly demonstrate such right - and the instruments by which they believe those rights were conferred or acquired. If they claim to own the land, you submit the title documents and ask FURTHER questions. They may apologise and revise their grounds. Eventually, and without any major contention, you'll get to : Section 14 of the Railway Regulations Act! An act which grants them the general power to access any privately held adjoining land. You read it... you shut up... and you acknowledge their right of access, and insist on adequate and reasonable notice wherever such notice is possible. And boom... you just saved yourself a ton of solicitors fees (and a possible arrest) Never make claims, always ask questions. Never refuse, always conditionally accept. The lack of contention will keep you out of court, stop you making dumb mistakes, help you refine your argument... and, ultimately, save you money.
'There are those who listen, and those who wait to talk'. These landowners are a modern version of the old mansion landowners. They speak and all must listen. The Police officers: half a shift wasted listening to these two for hours. As others have pointed out: 'civil matter, fancy a cuppa?' So many home/landowners on the HS2 route didn't get any choice: compulsory purchase.
It would be extremely helpful for viewers if you could somehow, some time give us a summary explaining briefly exactly what the dispute is about. Is it basically a dispute over a border/access? If that is settled would there be any further problem in Netword Krail obtaining access? Are you xpecting some sort of compensation etc?
Network Rail have been publishing in the papers that it is all about access and safety, but the real reason is that it is a land dispute. Network Rail do not have any legal boundaries because they don't own the land. We want resolve matters fairly and lawfully. Thanks for your comment 😂
@@ALTNABREAC If they're saying it's about access - then clearly they're not saying they own the land. They don't need ownership - but you're talking aggravated trespass. In a similar way, utility companies have a legal right to access their networks on your land.
@@ALTNABREAC We live in the country, admittedly not near a railway line but with power and telephone lines, water and gas pipes crossing our land. The various utility companies need occasional access to inspect and repair the equipment and so long as they ask permission and leave things as they found them we all get along just fine. I don't know the background to this, but it looks like a mountain is being made out of a molehill.
@@ALTNABREAC To be fair, the RoS map kind of suggests your drive-way is not actually your drive-way, but a path along the /outside/ of your boundary to the train station. The fence which a former occupier/owner (I presume you bought this in 2019) put along the outside of the path to enclose it with the property may be wrong.
Not sure how i ended up watching this but you two are the most patient and polite people i have come across on youtube for a long while. Hope you win the court case.
@@ALTNABREACl think your POLITE approach to these 2024 puppets of the current insane Totalitarian country we’re now living in was BRILLIANT and masterful in its delivery 👍
@@problemchild1976👍 Yep l must agree but I’m afraid you still can’t trust any of them as they’re now puppets of the new communist regime! Go look at the stats of how many nice officers like these two have or are resigning from the force ! Goodness knows who their replacements will be though?
@@ALTNABREAC Until you get a court decision, you don't know who is right. Your opinion versus theirs. Sending police doesn't sound like unlawful, rather the exact opposite! I know police don't always conform with the law - in my experience, rarely. Here they were obviously on their best behaviour and you were being unreasonably obstructive by not listening to them. A responsible citizen would allow police to do their task, then they and you can both get on with your lives. You are "shooting the messenger". Even if they agreed with you, they have a proper job to do.
Transport police were disbanded decades ago in Australia because the concept was ridiculous; all policing in Australia is handled by state police, with the exception of federal police responsible for federal property.
Nothing is made clear with the satellite overlay and boundaries. There is a "station" that only a few hundred people a year choose to alight at about 5 meters from the dwelling. The rail co want to install a kiosk there and want to use the public easement to do so, which they have every right to do. I also have issues with a gate that has a "contact" button on a public easement. It should be open. You bought the property with an easement, now deal with it mate. Also.... you bought a property with a "station platform" 5 meters from your house. Why would you ever think the railway would not need access? I just don't get it. Just let them do their job, they'll be gone and you can have your peace again. I do like your way of life and i respect it, my dad lives entirely off grid with animals and i think its a great thing. But in this case i really think you're just making your own life and others stressful for no good reason. They just want access (and its temporary!) to the rail corridor (that they do own) to install a kiosk... just let them do it and get on with living a happy stress free life. It's a public easement lol. There's nothing more to argue. Public. Easement.
The police should insist that someone from the government land management review all information between maps and images through videos of past interactions before accompanying the police if sent there again.
"Illegitemi non carborundum...which means 'don't let the bullsh*t grind you down'! Then they said, 'Isn't that strong language to use right here on the Bozo (U.S. children's) Show?' " --Charlie Daniels
FFS give the copper a chance to actually speak, you can then go and research their statement and move forward. That aside your wife read out that BTP have rights of arrest on what they are told is NR land, if they are instructed that the land is owned by NR then they can arrest you. This just needs to go to court for a judge to adjudicate.
@@RustyVanDoor It's a train station that opened in 1874 long before the couple moved in. they want to fence in public tracks just because they can't read a map properly and think the station access road is their driveway
It is about people knowing their rights and the law to stand up to the police and servants of the state when they are acting unlawfully. One of the officers did not have his warrant card on him so he was already breaching police procedure before he even started.
Do not be deceived by them. They acted unlawfully and they knew it. That is not 'lovely.' The ones that seem 'lovely' are really the ones you need to watch.....manipulative.
The BTP officers should never have been at their property in the first place because it is not a police matter! They acted unlawfully and Network Rail were using them to try and unlawfully arrest them on their own land! They had every right to tell the police they had no authority being there and getting involved in a land ownership dispute. The civil law process is for this. And abusing police powers that could have led to their arrest on their own land is most definitely not 'a storm in a tea cup' but unlawful.
Whilst this is a Civil matter, if you refuse to allow Network Rail to access your land to maintain their equipment, you can be arrested as it can become a safety issue then, especially if it’s to do with work on the rails or anything to do with them.
At first i thought he was making an arrest, but he was just giving the caution, which i think (!) means that anything you say can be noted and used as evidence. I was given this once, but wasn't arrested. From what i understand (!) any organization that's doing some questioning for legal purposes has to do this for things to count as evidence ?
@@ALTNABREAC They cautioned you although they never taken you into custody I think thats called a defacto arrest, as part of the caution you are entitled to legal rep allways request a duty solicitor and remain silent never offer evidence let the courts decide.
@@ALTNABREAC Also there was another track closer to your land railway companies dont just decide to move their lines further away for no reason, I'd reckon a previous previous landowner won their case and now they are trying again to steal your land.
@@adrianparker-e9f You wouldn’t caution anyone for a civil dispute and only for a criminal offence that was suspected however he didn’t get the caution right in the first place.
The police aren't there to decide where the boundary is, they are there to investigate a reported offence of aggravated trespass by these people obstructing Network Rail in carrying out their lawful business, which they have admitted to doing. As such they should be arrested for aggravated trespass, and then see what the Court makes of their story about a boundary dispute.
I agree. Also, at least in England and Wales, some of the positioning of boundaries on maps can be indicative rather than definitive. For example, here in Wales, the exact boundaries of my property are defined by the words on its original deeds, Those only define the width of the plot and it area but not its exact position. All that having been said, this looks like a case where the railway sold off some land and forgot to include suitable covenants for retained rights of access in the sale.
Yes, this is true, it isn't exact in the raw data. However as is the case for most imagery it is, or at least can be, aligned using geo references. I think the guy mentioned a tree, showed indications of old, now lost, accessways. These 'ties' enable correction so the alignment / correlation of imagery onto maps is no longer out by meters, but much more precise than would be otherwise.
Yes indeed. The RoS base map appears to show the path runs along but /outside/ their boundary. If that appearance correctly reflects title, it means a previous owner (I assume the couple in the video are those who bought it in 2019) erroneously put a fence along the /outside/ of the path to enclose it in with their property, but it doesn't belong to them. Presumably it belongs to Network Rail / Scotrail (whatever the exact entity is).
It is an abandoned easement, but better for courts to sort this out police are being used to harass, simple lawyers warning would suffice. But even better would be having a lawyer present to talk to the police, or have one on call to speak to them over the phone. I am sure 30 seconds and they would have apologised and left.
In my opinion NEVER allow police onto your property, If they ask. If they have an actual warrant then you most probably do not have a choice. Once you have allowed them on your property out of their request they can do a lot more harm again in my opinion.
Poor cops had to come listen to a ten minute speech before even being allowed to state their business, and then got interrupted. Stuck between a rail rock and private hard, verbal diarrhea, place.
The BTP officers should never have attended our property for a land dispute and they were abusing their police powers being there. These two officers and the BTP Inverness are fully aware of the ongoing land dispute (which we have been trying to resolve civilly) and know it's nothing to do with the police but they are biased in favour of Network Rail and are being used to harass us. It's disgraceful behaviour by Network Rail and BTP.
Waited ages for the Police to speak. You DID say you would 'take it in turns'. As a new viewer, I was waiting to hear why they were there. I got lost in the subject. Sounds like the lady was trying desperately hard to express the facts, but the guy kept jumping from one subject to another. I'm not complaining it's just an observation which may assist you in future disputes. Would have been helpful for us to also look at the satellite images, we only saw the side of the car. Best of luck with you case x😢
I have lived a lot of my life in very rural places in Scotland my country of birth and know the challenges of living in rural places regarding transport.etc. If your not allowing the rail company to do repairs so that the rail line can continue running safely, then in my opinion your not being very community minded.
Scots law prohibits land owners from stopping travel through it you can own land and use it with planning concent. That's why it's so cheap. There is no trespass law in Scotland and access of all is protected , your not in England where laws are different, boundaries mean little and its a lesson you have to learn.
Yes, but that is for private use right? A company who wants to drive heavy equipment over your land are they allowed to do so without landowners consent or court order?
Right to roam is so often misunderstood. Right to roam is for people. They can use private land for Leisure purposes as long as they do not cause trouble. Cars/vehicles anything mechanical Do NOT have a right to roam. There is also the curtilege issue to take into account. But from the looks of it that may not be at issue here. 🕊️🌻
Boundaries mean very little in England too. I have a title plan that says I own the land that the road is on. Imagine if everyone in every house told everyone else that couldn't drive on their bit of land. None of us could drive up and down the road for God's sake
YT recommended this video to me. I watched it. I had no idea what was happening for most of the video. A bit of context in the description would probably help others like me, who have not seen your earlier videos.
Just come to a coppamise let them on YOUR LAND but get a legal agreement of let's say £1000 a day to do any work that don't devalue your property @@noelfleming3567
Good luck how much money does it cost when they keep sending police out to you ? And while they are there how long do they then stay ? So if they are there for practically nothing while more importantly crimes are taking place elsewhere while tax payers money is being spent sending the police to police some thing that as far as I can see is a civil matter NOTHING to do with the police the local council should advise the rail company that the grounds in dispute are on the land owners legal documents there for if the rail company wants to do any work on the said land then I'm sure an agreement can be reached instead of threatening the rightful owners with police. Have the railway company asked the land owners for consent to enter there land or have they just assumed they can do what they want !????
Get all documents from Land Registry and your purchase documents and check for any covenants about NR access which you may have inherited, have a surveyor confirm your boundaries, ask court for an account of your boundaries and an injunction if necessary. Make sure you don't trespass on any land actually owned by NR as it's always been an offence to trespass on the railway.
If they have a warrant, then they should arrest and not get into any discussion about the law. Arguments are for the court and they need to be arrested to bring them to court. If they are there to advise, that's fine and they did a good job. They established the facts and listened patiently to all the suspect's evidence. Nothing said there would have overridden a warrant. A Warrant says, bring them to court so that the evidence can be judged.
Laughable farce, I think that the two Officers from BTP (who have jurisdiction anywhere their duties take them or as assigned) showed remarkable professionalism and restraint.
@@brigader4heart272 The train station was opened in 1874 and apparently the couple purchased the nearby property in 2019. The only people 'trying it on' are the couple that think they can incorporate a public access road into their private land and block peoples access to something that has been there long before their grandparents were alive
9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say.
Silence shows that you dont know the law you must make a first good impresion then let them speak after they know you not some dumb average joe that they can do what ever they want.
In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands? This railway station is in need of some sort of maintenance? Said railway station has neen closed for three months because of your argument that the access to it is your land? This comes at the detriment of the local community who are not able to use the railway station because of your argument? Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it" Or have I misunderstood? You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved. Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
What a load of nonsense, it's so easy isn't it to allow access through someone else's land? It would be a completely different argument if it was your garden in question. Boundaries are there as markers of private land, just like around your own property. The fact that it's near a railway line is immaterial unless a urgent danger exists which clearly there isn't currently. Let's all walk through your property because it's more convenient than going round and causes us all less grief. Your comments are pathetic and biased clearly.
Yes, it looks like they're in the house on the land beside the Altnabreac station - title CTH5589 on scotlis. And the path that goes beside their house is the only access to the station. The boundary on the ordnance based map appears to show this driveway as an access path to the station /outside/ of their boundary (alongside their boundary). Photos from google maps appear to show this path with BR signage on the path, giving the appearance of BR having rights to it. However, a boundary fence on the outside of path - and a gate to the station - which visually incorporates the path into their property. The other issue is the RoS map boundary appears to show access to their property as at a "kink" from the path - at about where the cattle grid is, which is again suggestive that the path is not in fact theirs. What they seem to be claiming is that when they switch to satellite that this shows the path clearly inside their boundary. But, satellite overlays often don't align properly - and I don't think they are in any way authoritative for boundary. They also seem to be making claims about alingment of trees in the map online and the satellite, but the online map is using just a generic "pattern" for trees - those are _not_ mapped trees that could be anchored to. One of the google maps is quite old, and seems to show a different layout, with some kind of car parking area perhaps and certainly better access. Also, from the RoS titles over the years, it seems the boundaries have been changed around a good bit in successive sales. Physically and title wise it looks like boundaries and usage has changed over the years. Perhaps some changes not quite official or in line with the title (e.g., the wire fence on the outside of the path, enclosing it, perhaps?).
@@adrianellis4497 The issue may be that the path may not be theirs by title. The RoS map suggests the path is not theirs. However, they or a former owner of the cottage, have put up fencing to enclose the path to the property. Someone would need to read the actual title and survey the ground to figure it out I guess.
HAHAHA! Coddywombler! IF People need to use the railway station (ie the public) they already have access to the railway, also the railway company obviously have TWO ways to access the station, the same way the public do and by the rails... @danmcintyre9176 1 day ago In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands? This railway station is in need of some sort of maintenance? Said railway station has neen closed for three months because of your argument that the access to it is your land? This comes at the detriment of the local community who are not able to use the railway station because of your argument? Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it" Or have I misunderstood? You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved. Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
@@freemanbynature That's the problem. This couple that have lived there since 2019 are trying to claim ownership over the station and the only access road that has been in public use since 1874. The RoS map show that they don't own it and the couple are trying to steal land owned by the public and Network rail
As a former Guard with British Rail, I have to say that British Transport Police are not the brightest tools. In fact it was embarrassing to be in the same courtroom. This matter, however, is beyond their duresdiction. Tell em to foxtrot oscar.
I have friends who are retired Police officers , I have the greatest respect for them. I have little respect for the Police in this country now, I have never yet had a matter solved by a Police officer, Yet I have watched Police officers commit traffic offences on a daily basis, I have also watched them avoid issues.
There’s a lot of people writing in the comments here who had no idea how joint access to a property works. I really did not know there was that many land property lawyers/solicitors. On RU-vid I live in a country I own my land the driveway that comes up to my house is owned by myself but there is some ministry of defence land behind my property and they have access through my drive which goes at the side of my property, they never drive up without asking permission, they never come and go as they please they are not a problem but that is how it works. You can own the land and still have joint access for somebody else. It is a pain in the arse at times to think that you own something, but you still have to leave access for a second party to access for maintenance reasons infrastructure they have adjacent to or beyond your property being idiots about it like this couple are here will not solve a thing
Are you claiming to be a property lawyer/solicitor? The dispute is about land ownership. It is nothing to do with 'joint access' rights. Network Rail do NOT own any land at Altnabreac and therefore cannot have any access rights. The police did not come here and call us idiots so for you to call us idiots when you do not have all the facts doesn't look good on you.
@@ALTNABREACend of the day all land is owned by the crown and can be sized at anytime if required by the crown and it’s government as what happened to lots of land during WW2 land was sized and people moved off.
What is the problem allowing Network Rail occasional reasonable access for essential work. You are just intransigent people determined to have a fight for the sake of it.
Casually allowing access without a formal agreement or defined rights and responsibilities is not a good idea. That can lead to further trouble regarding loss caused to the landowner/occupier by the activities of the other party/ies.
What is the actual issue here? You don't want to allow workers access through your property? Are they setting up residence there 😂 surely they just want access to do the necessary work and then bugger off. You seem like polite but unreasonable people making a mountain out of a molehill. Man you should see the image of our property, part of out farm shed is in the neighbours paddock, and likewise much of their paddocks are well overstepping our boundary line. We don't care, have better things to get worried about. Historical data will often never match up with modern gps images... But in this country, that old data is still governed by conveyance law.
What a pain in the backside, does he think he is in England in respect of trespass and access to his land. Scottish trespass laws are very limited in that in general access is permitted, what you are not allowed to do without permission is to camp or light fires on someone’s land. He is being a smart arse and I think they should try and be accommodating for the benefit of the local community.
I had sympathy until he started quoting the law and accusing these guys who are just doing their jobs and being very professional and polite of 'two tier policing'. The police are human beings. Treat them politely and respectfully and in my experience you get exactly the same back. Behave like a clever arse with a Google University law degree and they're likely to be much less sympathetic. Also the lady is far better informed and clearly intelligent. May I suggest you let her deal with it?
The Police take an oath in regard to treating people without fear or favour, malice or ill will (or words to that effect) , and so they are sworn to treat people fairly regardless of whether or not the people are polite and respectful.
