Having been involved in a land dispute myself i beg you please.... 1. Get an independent report from a surveyor using a calibrated high accuracy GPS mast. 2. Take this to the civil courts. It is NOT the responsibility of the police to get involved in this matter. Get the survey and a solicitor involved. FORGET PUBLIC OPINION ... GET YOUR OWN LEGAL ADVICE AND TAKE IT TO COURT. Please dont physically get in the way, if network rail force entry and you are correct you have a substantial case for compensation. You need to follow the advise from a solicitor. FORGET UA-cam OPINION - ITS IRRELEVANT AND YOU HAVE TO LIVE WITH IT. It is vital you keep yourself judged as reasonable as all this evidence could be considered by the court.
If they are confident that NR are wrong, pay for a survey, court and claim back your costs or, just abuse the NR workers and get legal advice from social media.
@@neilblackman3835 what land and Who's? We maintained a 3/4 mile driveway for decades ..neighbouring owner and ourselves had accepted that the property boundary ran along the fence line.. it was only when he sold off a piece of land for a house that the survey pointed out that the driveway crossed into his land and that his driveway was partially on ours.. that and we had to buy out fue duty on a detached brick building in the steading.. We sat down at the table ironed out the details , amended the deeds he got a bit we got a bit , we split legal and survey costs .. we paid the duties.. all done civily, no animosity or belligerence, simple decency.. I've spent decades working around the world securing access whether rom tennant farmers or mega corps. For mining exploration or security bases. Now the Government has turned the processes into a paper pushing rubbish dump. Why have they , railfolk, owners not had a legal Survey, or have they.. This has been going on for years.. and if anyone wants they can check out the deed plans.. take a look at the sat images .. not hard to see what is physically there especially road locations and property boundaries. It needs someone to sit both parties down,and make a non biased decision based on legal documentation available.. The isue of why the owners think they are in the right ( and they partially may be right) and perhaps the behaviour of both company and land owner should also be assessed in a different format.. Why NR can't secure safe access is questionable. There is a track to the west onto the station.. is the log loading facility part of the works? Whatever happens , one of those Muppets in Edinburgh best get off of their thrones and get it settled once and for the good for all.
Get an injunction against network rail until the land register has been updated! Also make official complaint to the independent office of police standards
Complaints are to the local police force. Then you can appeal on review to the PCC. I'd record the details. Put up a schedule of charges, with small print that any use means they cover your legal costs, and you don't cover theirs.
If Network rail as a Neighbour has rightsxof access to maintain or carry out works to their land then your stuffed. The Land registry deeds to your property will show this. So if they request that access as per your own deeds you have to give them access. However that's asxfar asxit goes. You need to take up a border dispute but it can be expensive. Who owns the boundary normally on deed map denoted with an inward pointing T. But red line can sometimes obscure the T.
@@raylp4751so play the game make an access for their use only just the longest and worst possible route and that is all they are entitled to use no other portion of the property no vehicles permitted.
Because they are wimps if it is really your ground you will Fight and go to jail and than it becoming court business only they are scared or the the rail people have the rights to go on that road i think it is the last one if it is really your drive way than fight otherwise stop with crying about it and lett them past !
he criminality is in illegally obstructing a public right of way , which chummy already admitted existed . It is an offence to obstruct it in any way .
@JohanSneeds The police won't do anything, and the option is civil proceedings. It happens when a person in a criminal case is found not guilty, but the person loses a civil claim.
The police won't come out for trespass as it's a civil matter. But, damaging peoples property and their belongings is. But, the police still won't arrest police. The police only come out to abuse people and beat up old folk.
@@derekheeps1244 Is there a law of trespass in Scotland? It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865
@@derekheeps1244 The law that the police officer quoted to the couple is aggravated trespass and if the couple do own the land in question. The network rail employee that cut off the lock has committed Aggravated trespass, which like the police officer said is a criminal offence. Incidentally the police allowing it to happen happen and verbally encouraging the network rail employee to brake the law, they are accessories and are also guilty of committing an offence. This all hinges on whether the couple actually own the land in question.
@@johndelaney5889 the couple were found guilty of aggrevated trespass earlier in 2023 by the courts, so now there is a court edict the couple must stand down when NR comes onto the couples property.
Seriously, I suggest referring this to the solicitor that acted for you when you purchased the property. If there is a defect in the property title that was not drawn to your attention then you may have a professional negligence claim against him. Faced with the prospect of such a claim, you may find that they are willing to engage with Network Rail on your behalf to resolve this dispute.
In England, anyone who acts for you when you purchase land/property sends you the papers & asks YOU to check them. I do not know if it is the same in Scotland, but here in England & Wales, they do nothing except pass all paperwork to you & tell you to check the paperwork yourself. I do not know why anyone uses any legal services for just acting as a middle man & passing paperwork. Law of property was written for the common man to do all legal paperwork him/her self. All paperwork used is standard forms & you can even print them off the internet for free. The only time you ever need to use a solicitor is if you have a mortgage & the bank or building society will insist you use one of their approved solicitors. If the same game is used in Scotland, the solicitor will just say they passed all the paperwork to the client for checking & they made no observations. So Where's the professional negligence claim? Solicitors have been milking this for years. They haven't done any 'professional work', nor were they engaged to do any. They merely acted as a conveyancer, conveyancing the standard paperwork to their client to fill in & check. So at what point did the solicitor act negligently? Yes, they will be willing to engage with network rail, or anyone else on these peoples behalf, but it will cost them £x per hour & every part thereof, not including phone calls, letters, lunches etc.. I doubt these people have bigger pockets than network rail, so engaging the local high street solicitor, or listening to unqualified advice from random people on the internet will only drive them to the bancruptcy court. Their best course of action would be to engage the services of a barrister who specialises in land law & who would be willing to work pro bono. But that I expect would be a very tricky task to achieve. In the interim, they should physically remove anyone from their property (even the police if they are not there in their legal duties - these ones in video are clearly not operating legally (it is legal to do this after giving a tresspasser one warning to leave ASAP & they do not leave)), if they are then arrested, it is false arrest, false imprisonment, assault etc.. Then door is then open for going through the courts about the legality of network rail/BTP's actions.
@@phoenixxavier9615 🤔 you are technically correct. However don't think I have ever had a conveyancing solicitor ever not point out notable sections especially in regards to right of access, or not queried the vendor about any potential issues. And it's usually flagged of interest on the searches and the legal report signing. I don't pretend to know conveyancing law, just speaking from my experience. I may just have had good solicitors. However I do think this couples first port of call should be to their solicitor. Though they lost me on the last video, (spoiler). "If any of you watching are solicitors" Like why wouldn't you have already spoken to a solicitor at this point. Most areas have law clinics that offer upto an hour free advice. Despite in pretty sure had they rang their solicitor that did the conveyancing, they would have been able to tell them if their was a right of access in a few minutes. You are 100% the negligence BS wouldnt even be entertained.
Having had dealings with both trespass and NR I should check your title deeds with your solicitor and I hope you read it thoroughly, the station may be in private hands but the track and all its equipment still very much belong to NR. At the moment you have closed the station due to access issues. NR require access to the track to make adjustments and as such you cannot stop them as it is their legal right to maintain it. BTP are used because they have durisdiction over all railways and it’s access, Scottish Police do not which is why they are not there. Please read your title deeds very carefully with a solicitor and let’s get the station reopened. NR do not want to kick your front door in all they want is to get to the track.
The officer is right in relation to committing an offence of Aggravated Trespass for which he could arrest however it still boils down to a land dispute where by ownership can only be determined by the court and therefore the same legislation applies to the representatives of Network Rail and the law should not be enforced until the civil matter of ownership has been resolved by documents supplied to the court showing boundaries and the court accept them as a legal document whereby they can adjudicate and make a lawful ruling as to who owns the land. Do not engage any further but document any action taken by Network Rail and take the matter to Court.
Why have you not gone to court - get a solicitor!! Why are you constantly doing this - get a solicitor and go to court. You are just making things worse.
@@colinmain7358 Bingo! From what I've gathered they're sovcit, religious nutjobs and they've caused a rural train station to have to be closed through these antics.
@@colinmain7358 yes, no solicitor would probably take this "case", because there is no case, there is no law broken by NR. The only laws broken were by this couple in 2023 to block NR, in 2024 to block NR and stop an operating train at the station.
best way forward is get arrested for ejecting them you have to tell them yu will use force to eject them if they come on your land , the police will arrest you and you can then have your day in court
Yes you can use force to eject them all from your land however it’s still not for a criminal court to make a decision on who owns the land, I would not engage further and just take the matter to court myself.
Agreed that chain was the property of the owner which is classed as criminal damage. Why did the officer not take up the complaint when requested to do so. They should have dialled 999. If there is a dispute it is a civil case!
Disgusting behaviour by all of them. Without a court ruling this is illegal. It needs to be adjudicated on by a person with the correct powers BECAUSE there is a dispute. 😡🤬
Those in power who are instructing BTP and Network Rail staff to behave in this way are not the ones who will pay any personal price for the actions of the people they are instructing, as it is their Network Rail staff who are following orders and if in the wrong have trespassed onto private property assisted by BTP. The only way to resolve this is to disengage with those who are sent to harrass and intimidate you, get legal representation and take it to court, on a no win no fee basis and if you are proven right in your assertions you can then seek legal redress.
@@derekheeps1244I am not from Scotland but you have implied that they as land owners are in the wrong, could you please explain why as the land owner they are wrong as I really would like to know as this video interests me but I haven't a clue who is right. Thanks.
yes, they do. There is a long standing (since the railways were made!) ability by them to access their property. However, my understanding is that they have the right to do so only under certain circumstances, such as an emergency. Otherwise they have to use certain routes for maintenance etc.
You know what would be hilarious REALLY FUNNY net work rail bringing a loco,, some wagons an all the kit an lights an doing whatever they are doing between midnight and 4am,, just because a couple are being petty an trying to get UA-cam viewers to help them out instead of the proper legal solicitors doing it by you tube makes it a comedy video
Anyone else see the irony of three English people arguing over who owns a bit of Scotland? And to put the tin lid on it all the folk in the comments section trying to apply English law to a situation in Scotland going on about injunctions when there is no such term used in Scots law. The term you are looking for is "interdict".
@@doonhamer252you dont need to be a qualified lawyer to know that the Scots law is not the same as English law. There are many many differences and one is there is no such thing as an injunction in Scots law.
Similarly for the advice about contacting the Land Registry, in Scotland it is Registers of Scotland. As for complaints about BTP, that is covered by a specifically Scottish Statutory Instrument, The British Transport Police (Complaints and Misconduct) (Scotland) Regulations 2008.
@@jonathanbuzzard1376 she heckled the company rep and I think the policeman asking if they were qualified in property law (ad lib) but the same question can then be asked of the owners. Yes it's expected that they have some knowledge as laypeople.. but it truly is something that a lawyer should be addressing. Have they the owners sought an injunction and given legal advice as to how to act with regard. I.e: stand aside and fight for restitution later, stand ground present legal documents to anyone stepping onto their land informing them of what activity they may do whilst on their land. And again , seek a survey of and boundries, then have it researched with registry on what is now the true legal boundary. There will be a trail of historical evidence of land boundaries and description. Fence posts, trees etc.. not a monument .. we place steel pins
@@rabha1754 landowner should know what the complaints process is, and also just exactly what they can say or do. Aparently this is an ongoing isue one that has years of history of court proceedings.. not too hard to do a Google search on the station name .. But just perhaps they have been given poor advice on how to proceed..
It is inconceivable that when the railway company sold the station buildings, there wasn't a clause in the deeds to allow them access to the railway property. This is still a live railway and Altnabreac station is currently closed as the railway companies can't access it to maintain it.
You are going about this all wrong, you could have maintained the status quo, but now if your really lucky you will get a couple of grand from the compulsory purchase order for more land than they need to maintain and access the infrastructure.
I don't know who is in the right but i am fully aware of how corrupted our police force have become,it's been eye opening over the past few years and really quite sad.
The cop read out what trespass was and still couldn't understand that he was supporting the trespassers. Cops tend to be very intellectually short like this.
This seems more like an access issue and could come down to easement rights and you would lose in court sadly... I know it seems awful but living in the countryside access is something almost anyone living in a town has never got to think about. Not sure if Scottish law is slightly different but if Network Rail owns land next to your land and they have had access via your land for over 20 years then that access is prescriptive and you cannot stop them having access. If you or any previous owner gave Network Rail permissive rights to access their land then that right can be revoked as long as it is not seen as unconscionable for reasons like investment on that land which hinders them to use something they have invested in or for public safety onto any public right of way. It does seem you have a public right of way at the side of your driveway from what I have heard being said. NOW if you have been using that driveway or previous owners have been using the driveway, for 20 years, regardless of the owner of the adjacent land then you have permissive rights to use that driveway even if you do not own it. IF the owners of that land have given permission for access and you have not modified or built on that land then sadly that owner can remove that permission at any time and the 20 year use does NOT apply and can be revoked. IF it is proven in court they do own land which constitutes part of your driveway by law they could make it so you now have no vehicle access to your property. YOU NEED TO GET THIS IN FRONT OF A SOLICITOR AND INTO A COURT OF LAW FAST! You have not done this it seems as you would have had a court injunction to stop access until this is resolved. It would be expensive to do this but if you win you would be able to claim those costs back.. But without an injunction and no legal representation you will not stop then enforcing what they claim is their rights. Because they have been using solicitors to give evidence to the BTP for them to enforce. You are NOT trained as a legal person who is an expert in rights of access and land registration. Overlaying drawings from the land registry onto a satellite image is only a rough guide and needs to be done by measurement from surveyors who have to stand by their work legally and they would be your expert witnesses. Disputed land is a minefield and we have a plot of land a company wants to buy from one or more of the houses here but there is no real defined owner even though it has been used by 3 houses since the 1950's. But the rights of easement and access are defined on the deeds so those cannot be removed easily even if we stop using the land for the purpose described in the easement.
@@adenwellsmith6908 They may have a case to argue. But even in the video we don't see the deeds, the plans clearly and when asked they said they were in a legal dispute, but didn't have any legal action ongoing ( I think). The more they argue without legal support and use the internet for advice and shout section 38 and insist on protocol claiming the BTP were coming to arrest them when being cautioned is NOT being arrested and simply being told what they say could be evidential if needed is not going to help if it gets into an actual court in front of a Sheriff. They have not tried to get an injunction and it has just been them trying to use what little they know from what they have read and possibly not understanding the full facts of what is needed to fight this. We had an issue with a farmer over an easement and access on his land to inspect, maintain, repair or renew our sewage system. He did pretty much what this couple did and did not use an actual solicitor for advice and tried to stop us for over 3 years. Ultimately he had to give up and the work was done. Long story but the outcome ended in our favour and cost him thousands. They need to get all the facts, not opinions or advice, proof or what they feel is proof and hand it all to a solicitor then go home and allow the solicitor for as long as it takes to get the case clearly understood and not use opinion or feelings of what they think should be done or outcome. Let the solicitor go through it in peace then let him come back with his thoughts and then go and talk to the solicitor. If they have any legal suggestions they feel are relevant then this is the time to mention it. But at NO point use opinions as an argument. Opinions do not win cases like this.
Seems the legal system only works for the wealthy. You would think it would be fair and reasonable for no work to be carried out. Until this legal issue is sorted out. However, Network Rail say. Screw that we have our legal team. You cannot afford yours. So we'll do what we want. I don't know whose legally right or wrong here. But this heavy handed don't get in our way attitude. STINKS
@@RichardVanags I'd suggest a camera [one of those animal cameras to record comings and goings] Second a sign with the charges for access. Make them high, but reasonable. Same as Network Rail do for their car parks for example. Heck, you've got the text, use theirs. They can hardly complain later that the terms are unfair. Record all damage done. If you're bringing a large lorry through, its going to cause damage. You could restrict any access to certain days and times. You could make quite a bit of profit from it.
Stupid Mat. He's quoting the law about aggravated trespass. Except it will be Network Rail who are committing the crime. So he's just shown he is incompetent and corrupt.
The Network Rail employee earlier admitted on camera that the driveway was not on land owned by Network Rail, so what right did they have to force access to the driveway and cut the chain across it? To confuse matters further, the BTP still seemed to be working on the assuption that Network Rail did own the driveway, but in an earlier video admitted that the plans were open to interptretation due to the margin of error in satellite images, in which case the couple seem to be justified in there assertion that the place to resolve the dispute seems to be the Courts, not NR and BTP putting their heads together and deciding, even if some of the people involved have legal training.
Park your car on the other side of the cattle grid so you can get to the shop. Hire a mini digger and dig a bloody big trench on YOUR LAND! Got to do something to stop this tyranny.
To me it looks like they are wrong, From the fundamental right to secure your land, The driveway would have been put on your land tand your gate would cross your driveway. Thus the pole must be yours and the structure too. Thus cutting your chain appears from the video was wrong. Sue them.
It is about time You took the land deeds, paperwork, ordinance survey mapping and all your evidence to a lawyer and get this sorted out in court. Otherwise this will just keep escalating until they can find an excuse to put YOU in the wrong. Get proper legal proceedings underway take it to court. The police and BTP are probably sick of their resources and time being wasted too but are 'duty bound' to keep bashing their heads on a problem they do not have the qualifications and knowledge to properly assess and address effectively. Dont forget to charge them for the items they damaged when blatantly entering your land illegally. I'm pretty sure a decent lawyer will also be able to come up with a host of other things that can be put on account for a possible compensation claim. Do It Right, Get Legal on their ass and get it sorted once and for all.
Not vandalism it's criminal damage and after being told the implied right of access was removed they all committed aggravated trespass and the police added and abbeted
Who was the previous owner of the land? Does the deed not state which rights the Network Rail still have? Since it use to be theirs at some point in the past. I think no one disputes you have ownership of the land, but you may still have to concede passage. Why, if you are certain of the fairness of your claim, not just call the (real) police against trespassers. Isn't the deed enough to provide clarity to all this? They (Network Rail) sold it originally on their terms right??
You are correct. That statute he quoted refers to land owners, which is in dispute, a civil action, to which the police do not have the powers to enforce without a court order. Lawful activity does not provide the right to trespass on private land. So, these officers have breached their oath. Have commited a crime. By the way, the only law is Common Law. Statutes are not laws, they are laws of the land, act of parliament, and do not suppress or substitute Common Law. Common Law trumps Statutes, in that under CL no person can take or control your property without lawful right. By lawful right means a court adjudication, which these officer do not have.
@@shaunpatrick8345 exactly, no court order then the police cannot intervene unless a criminal act is taking place, which it is not. They own the land, controlling access is lawfully the owners right.
It is a civil matter, thus the police have not powers to intervene, unless they are instructed to uphold a court order. Police uphold the rule of law, not adjudicate or interpret the rule of law.
If I understand the situation correctly, these goons need to prove beyond any reasonable doubt in a court of law that their actions are lawful. Good luck to you both.
It's my belief, (I am Scottish) that their is no trespass laws in Scotland. People with a get off my land attitude will spoil that. Surely people that are employed by network rail are doing a job that secures the safety of passengers and trains. To deny this is obstruction.
We welcome the public to Altnabreac, but we do not have to accept rudeness or bad behaviour. Just to educate your belief/opinion on trespass, and this is from one of Scotland's biggest law firms if not The biggest. Is there a law of trespass in Scotland? It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865. Not only is it a civil wrong, trespassing can also give rise to criminal liability. A landowner has the right to exclusive possession of their property. Trespass is entering or remaining on someone’s land without permission - including rivers and lochs. The intrusion may be persons, animals, or sometimes even things. shepwedd.com/knowledge/unwanted-guests-navigating-legal-terrain#:~:text=Should%20you%20require%20any%20further%20advice%20concerning%20the%20law%20of
I don’t understand why you don’t just get on and get a lawyer instead of posting this in the hope of Network Rail backing up. They won’t so take them to court. It’s the only answer and then a judge will decide and if proven unlawful, you will be compensated.
Why havent you filed an action against network rail with the Sheriff. If you did that you would have paperwork to show the Police and they couldnt act until the action had been before the sherriff and a ruling made.
The officer might have a smartphone but unfortunately the smartphone doesn't have a smart owner. Never bow down to their perceived authority. They're nothing but lying, corrupt and hypocritical cowards.
We have to make a plea to our military as our rights and freedoms are been taken away by the day now. We have to make it clear to our military it's their freedoms and their families and childrens freedoms too if, they ignore this our children and their children will have no future in this country, we will have been enslaved.
So, according you BTP is accessing your property, while BTP claims it isn't yours. The best way is let independent surveyors mark out the officially boundary. Of course with the data from the time you did own the property (in case of...). Sometimes, depending of the law, if you use some ground outside your property without complains of the owner, then, after i don't know how many years, it can officially change ownership.
Guys we can all support you as much as we like. Sadly that is not proper legal representation. As loads of people have said. Court order. Proper survey. Legal representation. If you are right go get em
Network rail have the power to enter or cross private land to carry out mantenanceto the rail network. Advance notice should be given when possible. They don't have the right to force entry.I don't know the circumstances of this dispute, but seems to me that a full search of land registry documents is required. I hope you can solve this dispute amicably, but be careful what you say on the net.
Have they caused any damage to your cattle grid was it checked that it could take the weight of the vehicles/ plant machinery before they crossed it? I hope you can soon get this sorted but chances are a very large brown envelope will be getting passed over all the best to you 2
BTP a while ago i was told they are just revenue (fare) collection operatives working for railways. Out of scope in other circumstances. PW pat told me
FFS - Do something about it - Take them to Court, just posting on the internet won't do anything. You said your wife was a Police constable, surely she knows the Law and can make a citizens arrest OR call the Real Police OR Take them to court posting on YT won't help solve your situation Best of Luck
@@mrmensa1096 I agree, the so called owners are not doing anything about it, if it was me it would be in court already and not all over UA-cam, Make you wonder who dose own the land
Sadly, as there is an ongoing dispute, you also do not have the right to stop them. It works both ways until there is a final judgement. However, criminal damage is still criminal damage and, without a warrant, is against the law and I would have called the police and told them that there was going to be a breach of the peace. They would be there soon enough!
Why did you not call your solicitors? If you havnt got one, you're on a hiding to nothing. If you want them to take you seriously you have to get proper legal advice. No offence, but that will quickly put the continual argument to bed in the sense that nr and gtp cant send anyone
Unfortunately in Scotland there is no trespass, right of access. If they damage your land that's different. Under right of access they can bring trouble to you for blocking access, just see the result from an 3stqte that put chains across access gateways in Perthshire few years ago when tye SNP got the l law passed in the Scottish Parliament. I think you need to engage a lawyer, do not be tempted to settle it yourself, you will lose unless you have correct representation.
Yes no trespass is true but they have damaged owners property which is a criminal offence If you on someone else’s property you can’t damage anything so they are causing an offence
@@Harleybhoy1 the offence is caused by blocking access and they have the right to remove that blockage. Believe me I know, I was arrested for doing something similar to try to stop a neighbour wandering through my property upsetting the animals with his presence at all times of the day and night, even my garden. I had absolutely no right to impede his access under this stupid law.
Is there a law of trespass in Scotland? It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865. Not only is it a civil wrong, trespassing can also give rise to criminal liability. A landowner has the right to exclusive possession of their property. Trespass is entering or remaining on someone’s land without permission - including rivers and lochs. The intrusion may be persons, animals, or sometimes even things. shepwedd.com/knowledge/unwanted-guests-navigating-legal-terrain
@@ALTNABREAC 1885...a modern law then. I think you may find the Land Reform Act 2003 takes precedence. I was arrested and cautioned over the various incidences of that person creeping around, my privacy was less important than freedom of access and right to roam.
I am deeply ashamed by the behaviour of this group of men . The mindless giggling of the operatives , as they merrily hack away at the undergrowth and the comments made by the ex serviceman , annoyed me deeply . I will happily contribute to any fund , set up to hire the services of a competent solicitor .
Why didn't they do the court part first to prove they had access on your land. If they are wrong about it, you have a fantastic case with major compensation and possible prison time for those who allowed this to happen. It would appear a persons home is NOT their castle in 2024!
Have you got lots of friends?Family neighbours who would come and make a human barrier across the threshold?This is very effective when you have lots of people at these disputes
@@macsmith6216 I solicitor wood say that they are bar members.They are corporate people with all these companies.And the police all in it together.If you trust a solicitor you are very foolish
Not a single qualified surveyor even been to the site and the police have enforced their braking and entry i would be putting in a personal injury claim too for the stress and anxiety caused!
They know the law, just not clear on whose side they’re on. Clearly it’s not been determined with certainty. Police seem to believe corrupt corporate bodies over the public their sworn to serve.
Surely even if it turns out they had some right to walk on the property, cutting the chain is still criminal damage?!? That bloke should be reported to the real police immediately and stop posting on UA-cam until you’ve had proper legal advice, there are so many loop holes in law - it may all go against you! When it’s sorted come back on and we’ll all celebrate together and Mr Smith will have a criminal record and find it hard to find employment.
There is no law of trespass in scotland , so that part is wrong ; secondly it is a criminal offence to obstruct a public right of way and if you refuse to remove any barriers you have erected , they can be forcibly removed , and you can be charged . No offence here by either authority . next step for them is to compulsorily purchase what you call your driveway and use the land to build a station car park .
There are trespass laws in Scotland but they are very different than England. If they own the land then Network Rails actions are aggravated trespass. You cant just come onto someone's land and start doing stuff to their property.
I’d love to see your reaction if this was happening to you! I’m absolutely certain you would be offering the same advice to yourself, who needs a driveway anyway eh?
did i miss something? in the video when you gave the one copper the head net, at the end of the video you showed him that network rail didnt own the land but rather you did. the head net copper even agreed with you. so what happened between then and when these thugs in orange came and cut the chain. i know you're a busy man but if you read this would you mind sparing a few minutes. see, the woman that owns one of the flats next to my house says she owns part of my land, despite on the paper that shows my boundary that includes the bit of land she claims is hers. the line is very clear but she still claims the land is hers.
Stop waiting for someone to come to your aid i.e. lawyer or social media channel. Go get legal help now. Stop talking to BTP . They are not of the required intelligence. They keep going back to their superior who tells them what to do and then they return... repeat cycle. It is mats superior you should be talking with. Lawyer up fast. Make relevant social media aware of it yourselves. You contact them... don't wait
There's no way the BTP are impartial they're there to assist in the illegal tresspass.This has to be the local Police's jurisdiction as it's private property.
Well they have to decide one way or another at any/every point in the process. They have reviewed all the information given to them and have enough evidence to act that Network rail have legal access and thus allow them. Even if it is a civil matter you still have to bring Network Rail to court to prove it's yours, prove they are acting incorrectly, and seek damages. To accuse these officers of corruption when they have already spoken to senior management and BTP solicitors is extremely harsh and certainly won't make them any more patient with you. I find it very cheeky that you keep refering to people's qualifications when you also do not have the qualifications to support yourself, or an official employed on your behalf. They do have official solicitors working on their behalf so they probably haven't commited any crimes. Best bet is to call the police and get a lawyer to take them to court.
www.gofundme.com/f/588854-altnabreac-cover-up
Having been involved in a land dispute myself i beg you please....
1. Get an independent report from a surveyor using a calibrated high accuracy GPS mast.
2. Take this to the civil courts.
It is NOT the responsibility of the police to get involved in this matter. Get the survey and a solicitor involved.
FORGET PUBLIC OPINION ... GET YOUR OWN LEGAL ADVICE AND TAKE IT TO COURT. Please dont physically get in the way, if network rail force entry and you are correct you have a substantial case for compensation. You need to follow the advise from a solicitor. FORGET UA-cam OPINION - ITS IRRELEVANT AND YOU HAVE TO LIVE WITH IT. It is vital you keep yourself judged as reasonable as all this evidence could be considered by the court.
Looks like they have maintained the land for years
this is best advice
Totally agree this man has had experienced this sort of bullying just take notice of him
If they are confident that NR are wrong, pay for a survey, court and claim back your costs or, just abuse the NR workers and get legal advice from social media.
@@neilblackman3835 what land and Who's?
We maintained a 3/4 mile driveway for decades ..neighbouring owner and ourselves had accepted that the property boundary ran along the fence line.. it was only when he sold off a piece of land for a house that the survey pointed out that the driveway crossed into his land and that his driveway was partially on ours.. that and we had to buy out fue duty on a detached brick building in the steading..
We sat down at the table ironed out the details , amended the deeds he got a bit we got a bit , we split legal and survey costs .. we paid the duties.. all done civily, no animosity or belligerence, simple decency..
I've spent decades working around the world securing access whether rom tennant farmers or mega corps. For mining exploration or security bases.
Now the Government has turned the processes into a paper pushing rubbish dump.
Why have they , railfolk, owners not had a legal Survey, or have they.. This has been going on for years.. and if anyone wants they can check out the deed plans.. take a look at the sat images .. not hard to see what is physically there especially road locations and property boundaries.
It needs someone to sit both parties down,and make a non biased decision based on legal documentation available..
The isue of why the owners think they are in the right ( and they partially may be right) and perhaps the behaviour of both company and land owner should also be assessed in a different format..
Why NR can't secure safe access is questionable. There is a track to the west onto the station.. is the log loading facility part of the works?
Whatever happens , one of those Muppets in Edinburgh best get off of their thrones and get it settled once and for the good for all.
There is no point in posting these videos if you're not going to fight it legally.
Get an injunction against network rail until the land register has been updated! Also make official complaint to the independent office of police standards
Complaints are to the local police force. Then you can appeal on review to the PCC.
I'd record the details. Put up a schedule of charges, with small print that any use means they cover your legal costs, and you don't cover theirs.
the register will show the public right of access , which has already been admitted elsewhere ; network rail have the right to access their station .
If Network rail as a Neighbour has rightsxof access to maintain or carry out works to their land then your stuffed. The Land registry deeds to your property will show this. So if they request that access as per your own deeds you have to give them access. However that's asxfar asxit goes. You need to take up a border dispute but it can be expensive. Who owns the boundary normally on deed map denoted with an inward pointing T. But red line can sometimes obscure the T.
@@raylp4751so play the game make an access for their use only just the longest and worst possible route and that is all they are entitled to use no other portion of the property no vehicles permitted.
@@derekheeps1244 safely and conveniently by RAIL! 🤦♂️
If you believe they are committing trespass and damaging your property WHY ARE YOU NOT CALLING POLICE SCOTLAND?
Because THERE IS NO LAW OF TRESPASS IN SCOTLAND !
Because they are wimps if it is really your ground you will Fight and go to jail and than it becoming court business only they are scared or the the rail people have the rights to go on that road i think it is the last one if it is really your drive way than fight otherwise stop with crying about it and lett them past !
Not to mention the incessant rabbiting in the background .. basic manners , one speaker the other listens then one speaks..
As far as police scotland will be concerned the police are already there ;)
I’ve obviously missed the beginning, but why do NWR need to access the land?
Take out civil proceeding against Smith for criminal damage.
And the police for aiding and abetting
Take out civil proceedings for criminal matters?
he criminality is in illegally obstructing a public right of way , which chummy already admitted existed . It is an offence to obstruct it in any way .
@JohanSneeds The police won't do anything, and the option is civil proceedings. It happens when a person in a criminal case is found not guilty, but the person loses a civil claim.
@derekheeps1244 Do Network Rail have the right to tear up their land? And cause damage to it with heavy machinery?
Consult a solicitor, get an injunction against Network Rail and force them to court. Go for full costs reimbursed.
And your MP
You rarely get full costs even if you win, so be careful.
@@jeanmoore3997 You get full loss if you don't.
Have you called 999 over this because trespassing while being assisted by British Rail Police needs to be investigated,
Don’t be a fucking Tool
The police won't come out for trespass as it's a civil matter.
But, damaging peoples property and their belongings is.
But, the police still won't arrest police.
The police only come out to abuse people and beat up old folk.
@@user-fq8tt2tm6qcall the Scottish police ?
there is no trespassing in Scotland - try to understand the law before you moment .
@@derekheeps1244 Is there a law of trespass in Scotland? It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865
Criminal trespass by Network Rail supported by BTP officers. Unreal.
Trespass does not exist in Scotland - do try to keep up with the law .
@@derekheeps1244
The law that the police officer quoted to the couple is aggravated trespass and if the couple do own the land in question. The network rail employee that cut off the lock has committed Aggravated trespass, which like the police officer said is a criminal offence.
Incidentally the police allowing it to happen happen and verbally encouraging the network rail employee to brake the law, they are accessories and are also guilty of committing an offence.
This all hinges on whether the couple actually own the land in question.
@@johndelaney5889 the couple were found guilty of aggrevated trespass earlier in 2023 by the courts, so now there is a court edict the couple must stand down when NR comes onto the couples property.
Seriously, I suggest referring this to the solicitor that acted for you when you purchased the property. If there is a defect in the property title that was not drawn to your attention then you may have a professional negligence claim against him. Faced with the prospect of such a claim, you may find that they are willing to engage with Network Rail on your behalf to resolve this dispute.
Very good advice
This
Sounds smart
In England, anyone who acts for you when you purchase land/property sends you the papers & asks YOU to check them. I do not know if it is the same in Scotland, but here in England & Wales, they do nothing except pass all paperwork to you & tell you to check the paperwork yourself. I do not know why anyone uses any legal services for just acting as a middle man & passing paperwork. Law of property was written for the common man to do all legal paperwork him/her self. All paperwork used is standard forms & you can even print them off the internet for free. The only time you ever need to use a solicitor is if you have a mortgage & the bank or building society will insist you use one of their approved solicitors. If the same game is used in Scotland, the solicitor will just say they passed all the paperwork to the client for checking & they made no observations. So Where's the professional negligence claim? Solicitors have been milking this for years. They haven't done any 'professional work', nor were they engaged to do any. They merely acted as a conveyancer, conveyancing the standard paperwork to their client to fill in & check. So at what point did the solicitor act negligently?
Yes, they will be willing to engage with network rail, or anyone else on these peoples behalf, but it will cost them £x per hour & every part thereof, not including phone calls, letters, lunches etc.. I doubt these people have bigger pockets than network rail, so engaging the local high street solicitor, or listening to unqualified advice from random people on the internet will only drive them to the bancruptcy court.
Their best course of action would be to engage the services of a barrister who specialises in land law & who would be willing to work pro bono. But that I expect would be a very tricky task to achieve. In the interim, they should physically remove anyone from their property (even the police if they are not there in their legal duties - these ones in video are clearly not operating legally (it is legal to do this after giving a tresspasser one warning to leave ASAP & they do not leave)), if they are then arrested, it is false arrest, false imprisonment, assault etc.. Then door is then open for going through the courts about the legality of network rail/BTP's actions.
@@phoenixxavier9615 🤔 you are technically correct. However don't think I have ever had a conveyancing solicitor ever not point out notable sections especially in regards to right of access, or not queried the vendor about any potential issues.
And it's usually flagged of interest on the searches and the legal report signing.
I don't pretend to know conveyancing law, just speaking from my experience. I may just have had good solicitors.
However I do think this couples first port of call should be to their solicitor.
Though they lost me on the last video, (spoiler).
"If any of you watching are solicitors"
Like why wouldn't you have already spoken to a solicitor at this point. Most areas have law clinics that offer upto an hour free advice.
Despite in pretty sure had they rang their solicitor that did the conveyancing, they would have been able to tell them if their was a right of access in a few minutes.
You are 100% the negligence BS wouldnt even be entertained.
Having had dealings with both trespass and NR I should check your title deeds with your solicitor and I hope you read it thoroughly, the station may be in private hands but the track and all its equipment still very much belong to NR. At the moment you have closed the station due to access issues. NR require access to the track to make adjustments and as such you cannot stop them as it is their legal right to maintain it. BTP are used because they have durisdiction over all railways and it’s access, Scottish Police do not which is why they are not there. Please read your title deeds very carefully with a solicitor and let’s get the station reopened. NR do not want to kick your front door in all they want is to get to the track.
Oh Mr know it all yea
The officer is right in relation to committing an offence of Aggravated Trespass for which he could arrest however it still boils down to a land dispute where by ownership can only be determined by the court and therefore the same legislation applies to the representatives of Network Rail and the law should not be enforced until the civil matter of ownership has been resolved by documents supplied to the court showing boundaries and the court accept them as a legal document whereby they can adjudicate and make a lawful ruling as to who owns the land.
Do not engage any further but document any action taken by Network Rail and take the matter to Court.
Why have you not gone to court - get a solicitor!! Why are you constantly doing this - get a solicitor and go to court. You are just making things worse.
Probably cos they don't have a case,
@@colinmain7358 Bingo! From what I've gathered they're sovcit, religious nutjobs and they've caused a rural train station to have to be closed through these antics.
@@colinmain7358 yes, no solicitor would probably take this "case", because there is no case, there is no law broken by NR.
The only laws broken were by this couple in 2023 to block NR, in 2024 to block NR and stop an operating train at the station.
best way forward is get arrested for ejecting them you have to tell them yu will use force to eject them if they come on your land , the police will arrest you and you can then have your day in court
@@ScoobyD2 Pretty Sure she died mate
Yes you can use force to eject them all from your land however it’s still not for a criminal court to make a decision on who owns the land, I would not engage further and just take the matter to court myself.
Why don't you apply to the council to build a wall and say to protect your goats sheep live stock. Ect tell them your a shepherd lol
i would have taken the arrest and let the LAW sort it out in court
They would have carried on in his absence
Or continued being the arseholes they are and made him watch from the police van
But we'd be talking in the tens of thousands in compensation. @meetthehutchys5801
@@foggy79 if they win
Agreed that chain was the property of the owner which is classed as criminal damage. Why did the officer not take up the complaint when requested to do so. They should have dialled 999. If there is a dispute it is a civil case!
Disgusting behaviour by all of them. Without a court ruling this is illegal. It needs to be adjudicated on by a person with the correct powers BECAUSE there is a dispute. 😡🤬
@paddy6859 I was wondering, do you have info on that. Media is trash on this.
Those in power who are instructing BTP and Network Rail staff to behave in this way are not the ones who will pay any personal price for the actions of the people they are instructing, as it is their Network Rail staff who are following orders and if in the wrong have trespassed onto private property assisted by BTP.
The only way to resolve this is to disengage with those who are sent to harrass and intimidate you, get legal representation and take it to court, on a no win no fee basis and if you are proven right in your assertions you can then seek legal redress.
Ffs someone help these people, absolutely disgusting police enforcement 😢
Yes , help them to understand Scots Law - the awkward couple are in th wrong on every count .
@@derekheeps1244 Just who the fuck are you? Are some sort of paid defender of the company?
@@derekheeps1244ignorance is no excuse for your comment
@@derekheeps1244I am not from Scotland but you have implied that they as land owners are in the wrong, could you please explain why as the land owner they are wrong as I really would like to know as this video interests me but I haven't a clue who is right. Thanks.
My neck did not enjoy watch this on my tv 😅
If it's not railway property, surely BTP has no jurisdiction.
yes, they do. There is a long standing (since the railways were made!) ability by them to access their property. However, my understanding is that they have the right to do so only under certain circumstances, such as an emergency. Otherwise they have to use certain routes for maintenance etc.
You know what would be hilarious REALLY FUNNY net work rail bringing a loco,, some wagons an all the kit an lights an doing whatever they are doing between midnight and 4am,, just because a couple are being petty an trying to get UA-cam viewers to help them out instead of the proper legal solicitors doing it by you tube makes it a comedy video
And now a go fund me as well 🤦♂️
Anyone else see the irony of three English people arguing over who owns a bit of Scotland? And to put the tin lid on it all the folk in the comments section trying to apply English law to a situation in Scotland going on about injunctions when there is no such term used in Scots law. The term you are looking for is "interdict".
Yea " are you a trained expert in property law.. therefore you are a layman... ?? " is She? The PA BS is wearing thin..
@@doonhamer252you dont need to be a qualified lawyer to know that the Scots law is not the same as English law. There are many many differences and one is there is no such thing as an injunction in Scots law.
Similarly for the advice about contacting the Land Registry, in Scotland it is Registers of Scotland. As for complaints about BTP, that is covered by a specifically Scottish Statutory Instrument, The British Transport Police (Complaints and Misconduct) (Scotland) Regulations 2008.
@@jonathanbuzzard1376 she heckled the company rep and I think the policeman asking if they were qualified in property law (ad lib) but the same question can then be asked of the owners.
Yes it's expected that they have some knowledge as laypeople.. but it truly is something that a lawyer should be addressing.
Have they the owners sought an injunction and given legal advice as to how to act with regard. I.e: stand aside and fight for restitution later, stand ground present legal documents to anyone stepping onto their land informing them of what activity they may do whilst on their land.
And again , seek a survey of and boundries, then have it researched with registry on what is now the true legal boundary. There will be a trail of historical evidence of land boundaries and description. Fence posts, trees etc.. not a monument .. we place steel pins
@@rabha1754 landowner should know what the complaints process is, and also just exactly what they can say or do. Aparently this is an ongoing isue one that has years of history of court proceedings.. not too hard to do a Google search on the station name ..
But just perhaps they have been given poor advice on how to proceed..
Jeezo poor matts ears .
Both officers worked professionally.
It is inconceivable that when the railway company sold the station buildings, there wasn't a clause in the deeds to allow them access to the railway property. This is still a live railway and Altnabreac station is currently closed as the railway companies can't access it to maintain it.
You are going about this all wrong, you could have maintained the status quo, but now if your really lucky you will get a couple of grand from the compulsory purchase order for more land than they need to maintain and access the infrastructure.
AGRIVATED TRESSPASS!
Mr Smith needs his computer and devices checked and the coppers.
I don't know who is in the right but i am fully aware of how corrupted our police force have become,it's been eye opening over the past few years and really quite sad.
the people are behind you!
The cop read out what trespass was and still couldn't understand that he was supporting the trespassers. Cops tend to be very intellectually short like this.
This seems more like an access issue and could come down to easement rights and you would lose in court sadly... I know it seems awful but living in the countryside access is something almost anyone living in a town has never got to think about. Not sure if Scottish law is slightly different but if Network Rail owns land next to your land and they have had access via your land for over 20 years then that access is prescriptive and you cannot stop them having access. If you or any previous owner gave Network Rail permissive rights to access their land then that right can be revoked as long as it is not seen as unconscionable for reasons like investment on that land which hinders them to use something they have invested in or for public safety onto any public right of way. It does seem you have a public right of way at the side of your driveway from what I have heard being said.
NOW if you have been using that driveway or previous owners have been using the driveway, for 20 years, regardless of the owner of the adjacent land then you have permissive rights to use that driveway even if you do not own it. IF the owners of that land have given permission for access and you have not modified or built on that land then sadly that owner can remove that permission at any time and the 20 year use does NOT apply and can be revoked. IF it is proven in court they do own land which constitutes part of your driveway by law they could make it so you now have no vehicle access to your property.
YOU NEED TO GET THIS IN FRONT OF A SOLICITOR AND INTO A COURT OF LAW FAST! You have not done this it seems as you would have had a court injunction to stop access until this is resolved. It would be expensive to do this but if you win you would be able to claim those costs back.. But without an injunction and no legal representation you will not stop then enforcing what they claim is their rights. Because they have been using solicitors to give evidence to the BTP for them to enforce. You are NOT trained as a legal person who is an expert in rights of access and land registration. Overlaying drawings from the land registry onto a satellite image is only a rough guide and needs to be done by measurement from surveyors who have to stand by their work legally and they would be your expert witnesses. Disputed land is a minefield and we have a plot of land a company wants to buy from one or more of the houses here but there is no real defined owner even though it has been used by 3 houses since the 1950's. But the rights of easement and access are defined on the deeds so those cannot be removed easily even if we stop using the land for the purpose described in the easement.
Charge them. Charge them lots of money.
@@adenwellsmith6908 They may have a case to argue. But even in the video we don't see the deeds, the plans clearly and when asked they said they were in a legal dispute, but didn't have any legal action ongoing ( I think). The more they argue without legal support and use the internet for advice and shout section 38 and insist on protocol claiming the BTP were coming to arrest them when being cautioned is NOT being arrested and simply being told what they say could be evidential if needed is not going to help if it gets into an actual court in front of a Sheriff. They have not tried to get an injunction and it has just been them trying to use what little they know from what they have read and possibly not understanding the full facts of what is needed to fight this.
We had an issue with a farmer over an easement and access on his land to inspect, maintain, repair or renew our sewage system. He did pretty much what this couple did and did not use an actual solicitor for advice and tried to stop us for over 3 years. Ultimately he had to give up and the work was done. Long story but the outcome ended in our favour and cost him thousands.
They need to get all the facts, not opinions or advice, proof or what they feel is proof and hand it all to a solicitor then go home and allow the solicitor for as long as it takes to get the case clearly understood and not use opinion or feelings of what they think should be done or outcome. Let the solicitor go through it in peace then let him come back with his thoughts and then go and talk to the solicitor. If they have any legal suggestions they feel are relevant then this is the time to mention it. But at NO point use opinions as an argument. Opinions do not win cases like this.
Seems the legal system only works for the wealthy. You would think it would be fair and reasonable for no work to be carried out. Until this legal issue is sorted out.
However, Network Rail say. Screw that we have our legal team. You cannot afford yours. So we'll do what we want.
I don't know whose legally right or wrong here. But this heavy handed don't get in our way attitude.
STINKS
Finally some logic and common sense in the comments.
@@RichardVanags I'd suggest a camera [one of those animal cameras to record comings and goings]
Second a sign with the charges for access. Make them high, but reasonable. Same as Network Rail do for their car parks for example. Heck, you've got the text, use theirs. They can hardly complain later that the terms are unfair.
Record all damage done. If you're bringing a large lorry through, its going to cause damage.
You could restrict any access to certain days and times.
You could make quite a bit of profit from it.
Are they just there to maintain the railway track. Why the issue ?
If they own the drive fall over and claim 👍🤣😂🤣 see who owns it then
Stupid Mat. He's quoting the law about aggravated trespass. Except it will be Network Rail who are committing the crime. So he's just shown he is incompetent and corrupt.
Do you know Matt? No, didn't think so. I do. You're wrong. Clearly thick as fuck.
The Network Rail employee earlier admitted on camera that the driveway was not on land owned by Network Rail, so what right did they have to force access to the driveway and cut the chain across it? To confuse matters further, the BTP still seemed to be working on the assuption that Network Rail did own the driveway, but in an earlier video admitted that the plans were open to interptretation due to the margin of error in satellite images, in which case the couple seem to be justified in there assertion that the place to resolve the dispute seems to be the Courts, not NR and BTP putting their heads together and deciding, even if some of the people involved have legal training.
NOW GO TO COURT..... Of which you should have done in the first instance......
What's the overall issue with not letting them on your land for maintenance?
@@GrantGrayBrown because it’s their private property!!! End of!
Because they are claiming they own it and need to make changes to it.
@@jonathanbuzzard1376 but the title plan clearly shows that it isn’t network rails and it does belong to the owners
@@philhodgson I never said otherwise. Still doesn't mean Network Rail are claiming they own the land.
@philhodgson does it? A quick check of NRS website shows differently.
scotlis.ros.gov.uk/property-summary/CTH5589/2
Park your car on the other side of the cattle grid so you can get to the shop. Hire a mini digger and dig a bloody big trench on YOUR LAND! Got to do something to stop this tyranny.
Allegedly it's their land
In England you can use reasonable force to prevent a crime.
To me it looks like they are wrong, From the fundamental right to secure your land, The driveway would have been put on your land tand your gate would cross your driveway. Thus the pole must be yours and the structure too. Thus cutting your chain appears from the video was wrong. Sue them.
It is about time You took the land deeds, paperwork, ordinance survey mapping and all your evidence to a lawyer and get this sorted out in court. Otherwise this will just keep escalating until they can find an excuse to put YOU in the wrong. Get proper legal proceedings underway take it to court. The police and BTP are probably sick of their resources and time being wasted too but are 'duty bound' to keep bashing their heads on a problem they do not have the qualifications and knowledge to properly assess and address effectively. Dont forget to charge them for the items they damaged when blatantly entering your land illegally. I'm pretty sure a decent lawyer will also be able to come up with a host of other things that can be put on account for a possible compensation claim. Do It Right, Get Legal on their ass and get it sorted once and for all.
Sue the BTP. Sue network rail.
Not vandalism it's criminal damage and after being told the implied right of access was removed they all committed aggravated trespass and the police added and abbeted
Who was the previous owner of the land? Does the deed not state which rights the Network Rail still have? Since it use to be theirs at some point in the past. I think no one disputes you have ownership of the land, but you may still have to concede passage. Why, if you are certain of the fairness of your claim, not just call the (real) police against trespassers. Isn't the deed enough to provide clarity to all this? They (Network Rail) sold it originally on their terms right??
Sane people who live in your area help these people,stand with them against this injustice
You are correct. That statute he quoted refers to land owners, which is in dispute, a civil action, to which the police do not have the powers to enforce without a court order.
Lawful activity does not provide the right to trespass on private land.
So, these officers have breached their oath. Have commited a crime.
By the way, the only law is Common Law. Statutes are not laws, they are laws of the land, act of parliament, and do not suppress or substitute Common Law. Common Law trumps Statutes, in that under CL no person can take or control your property without lawful right. By lawful right means a court adjudication, which these officer do not have.
They have to make a decision at the time of the confrontation though, and there is no court order available.
@@shaunpatrick8345 exactly, no court order then the police cannot intervene unless a criminal act is taking place, which it is not.
They own the land, controlling access is lawfully the owners right.
@@MartynHarris-gb1gg both sides claim the land. The police have to intervene to keep the peace.
@@MartynHarris-gb1gg they have to intervene. I replied before and it got censored, so I won't use the words I need to.
It is a civil matter, thus the police have not powers to intervene, unless they are instructed to uphold a court order.
Police uphold the rule of law, not adjudicate or interpret the rule of law.
why haven't you started legal action against all of them?
If I understand the situation correctly, these goons need to prove beyond any reasonable doubt in a court of law that their actions are lawful. Good luck to you both.
It's my belief, (I am Scottish) that their is no trespass laws in Scotland. People with a get off my land attitude will spoil that. Surely people that are employed by network rail are doing a job that secures the safety of passengers and trains. To deny this is obstruction.
We welcome the public to Altnabreac, but we do not have to accept rudeness or bad behaviour. Just to educate your belief/opinion on trespass, and this is from one of Scotland's biggest law firms if not The biggest.
Is there a law of trespass in Scotland?
It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865. Not only is it a civil wrong, trespassing can also give rise to criminal liability.
A landowner has the right to exclusive possession of their property. Trespass is entering or remaining on someone’s land without permission - including rivers and lochs. The intrusion may be persons, animals, or sometimes even things.
shepwedd.com/knowledge/unwanted-guests-navigating-legal-terrain#:~:text=Should%20you%20require%20any%20further%20advice%20concerning%20the%20law%20of
For the love of Mercy - you are not going to win this, this way. engage a solicitor!!
I don’t understand why you don’t just get on and get a lawyer instead of posting this in the hope of Network Rail backing up. They won’t so take them to court. It’s the only answer and then a judge will decide and if proven unlawful, you will be compensated.
Probably because a specialist lawyer will be £600 an hour or more and could still lose. NR have unlimited funds probably.
Why havent you filed an action against network rail with the Sheriff. If you did that you would have paperwork to show the Police and they couldnt act until the action had been before the sherriff and a ruling made.
This company needs to be investigated and put out of business
The officer might have a smartphone but unfortunately the smartphone doesn't have a smart owner.
Never bow down to their perceived authority.
They're nothing but lying, corrupt and hypocritical cowards.
Lift up the cattle grid and see how their van will get in
We have to make a plea to our military as our rights and freedoms are been taken away by the day now. We have to make it clear to our military it's their freedoms and their families and childrens freedoms too if, they ignore this our children and their children will have no future in this country, we will have been enslaved.
So, according you BTP is accessing your property, while BTP claims it isn't yours.
The best way is let independent surveyors mark out the officially boundary. Of course with the data from the time you did own the property (in case of...).
Sometimes, depending of the law, if you use some ground outside your property without complains of the owner, then, after i don't know how many years, it can officially change ownership.
As others have said, you need to take out an injunction asap, pending the sheriff’s adjudication on the land dispute.
Guys we can all support you as much as we like. Sadly that is not proper legal representation. As loads of people have said. Court order. Proper survey. Legal representation. If you are right go get em
Network rail have the power to enter or cross private land to carry out mantenanceto the rail network. Advance notice should be given when possible. They don't have the right to force entry.I don't know the circumstances of this dispute, but seems to me that a full search of land registry documents is required. I hope you can solve this dispute amicably, but be careful what you say on the net.
Can we have the land deeds and satellite images posted
There's a reason why that's not been done.
scotlis.ros.gov.uk/property-summary/CTH5589/2
Have they caused any damage to your cattle grid was it checked that it could take the weight of the vehicles/ plant machinery before they crossed it? I hope you can soon get this sorted but chances are a very large brown envelope will be getting passed over all the best to you 2
BTP a while ago i was told they are just revenue (fare) collection operatives working for railways. Out of scope in other circumstances. PW pat told me
Sorry gimbal on phone stuck, can't do anything about it
FFS - Do something about it - Take them to Court, just posting on the internet won't do anything.
You said your wife was a Police constable, surely she knows the Law and can make a citizens arrest
OR call the Real Police
OR Take them to court
posting on YT won't help solve your situation
Best of Luck
Gimbal in your head more like. You absolute Tool Piece!
@@mrmensa1096 I agree, the so called owners are not doing anything about it, if it was me it would be in court already and not all over UA-cam, Make you wonder who dose own the land
@@klashnacovak47 - 100% agree
I am a bit confused where does that path lead?
Sadly, as there is an ongoing dispute, you also do not have the right to stop them. It works both ways until there is a final judgement. However, criminal damage is still criminal damage and, without a warrant, is against the law and I would have called the police and told them that there was going to be a breach of the peace. They would be there soon enough!
Why did you not call your solicitors? If you havnt got one, you're on a hiding to nothing. If you want them to take you seriously you have to get proper legal advice. No offence, but that will quickly put the continual argument to bed in the sense that nr and gtp cant send anyone
I hope you take civil action against everyone involved. Take action against them personally
Matt, property specialist, solicitor , land law specialist... another minion..
Id Just let them go ahead, you can sue them.
Something is fishy here , have you already been to court over this ? Was there a judgement made over access rights ??
yes. And this couple have also been in jail March 2024 for stopping train or trains on the track at the station.
If it was me having this dispute I would take my car off the land and remove that cattle grid grate to stop them gaining access.
chain can be replaced. You can remove the cattle grid of course
If it's your land build a better gate. Just put cattle grid on pull system so the can't cross and a inclosed lock on gate job done
I suggest PERSONAL claims , otherwise it will come out of the public purse and they will have no repercussions.
I'm not surprised its QTS! They'll smash your property up and sat it's not them!
I can't stomach this🤬
Unfortunately in Scotland there is no trespass, right of access. If they damage your land that's different. Under right of access they can bring trouble to you for blocking access, just see the result from an 3stqte that put chains across access gateways in Perthshire few years ago when tye SNP got the l law passed in the Scottish Parliament. I think you need to engage a lawyer, do not be tempted to settle it yourself, you will lose unless you have correct representation.
Yes no trespass is true but they have damaged owners property which is a criminal offence
If you on someone else’s property you can’t damage anything so they are causing an offence
@@Harleybhoy1 the offence is caused by blocking access and they have the right to remove that blockage. Believe me I know, I was arrested for doing something similar to try to stop a neighbour wandering through my property upsetting the animals with his presence at all times of the day and night, even my garden. I had absolutely no right to impede his access under this stupid law.
Is there a law of trespass in Scotland?
It is a myth that the law of trespass does not exist in Scotland. The law of trespass is underpinned by both common law principles and statute, in particular the Trespass (Scotland) Act 1865. Not only is it a civil wrong, trespassing can also give rise to criminal liability.
A landowner has the right to exclusive possession of their property. Trespass is entering or remaining on someone’s land without permission - including rivers and lochs. The intrusion may be persons, animals, or sometimes even things.
shepwedd.com/knowledge/unwanted-guests-navigating-legal-terrain
@@ALTNABREAC 1885...a modern law then. I think you may find the Land Reform Act 2003 takes precedence. I was arrested and cautioned over the various incidences of that person creeping around, my privacy was less important than freedom of access and right to roam.
Where the hell is your postcodes member of Parliament? I suppose your police commissioner is equally derelict 😑🙄🙏
I am deeply ashamed by the behaviour of this group of men . The mindless giggling of the operatives , as they merrily hack
away at the undergrowth and the comments made by the ex serviceman , annoyed me deeply . I will happily contribute to
any fund , set up to hire the services of a competent solicitor .
We do now 👍
www.gofundme.com/manage/588854-altnabreac-cover-up
Why didn't they do the court part first to prove they had access on your land. If they are wrong about it, you have a fantastic case with major compensation and possible prison time for those who allowed this to happen.
It would appear a persons home is NOT their castle in 2024!
Have you got lots of friends?Family neighbours who would come and make a human barrier across the threshold?This is very effective when you have lots of people at these disputes
@@macsmith6216 I solicitor wood say that they are bar members.They are corporate people with all these companies.And the police all in it together.If you trust a solicitor you are very foolish
@@macsmith6216 And that solicitor needs to explain why they have the right.
@@macsmith6216 Was it their own solicitor?
They will need this in writing from the solicitor so they can look into it.And challenge it
FFS ….make sure it’s added to the bill when you take them to court ..! 😊
I hope a solicitor sees this and supports your case
Arrest the police if they enter your property
The railway is kinda classed as a utility,, access requirements 24/7
NR and their contractors already have rail access to the area. This is just refusing to use their available access. Intimidating bulllies.
Not a single qualified surveyor even been to the site and the police have enforced their braking and entry i would be putting in a personal injury claim too for the stress and anxiety caused!
They know the law, just not clear on whose side they’re on. Clearly it’s not been determined with certainty. Police seem to believe corrupt corporate bodies over the public their sworn to serve.
Surely even if it turns out they had some right to walk on the property, cutting the chain is still criminal damage?!? That bloke should be reported to the real police immediately and stop posting on UA-cam until you’ve had proper legal advice, there are so many loop holes in law - it may all go against you! When it’s sorted come back on and we’ll all celebrate together and Mr Smith will have a criminal record and find it hard to find employment.
Sue them
Shocking!.....the downside is that you will have to pay money in solicitors' fees to protect and preserve your rights.
Not one of you're commenters has a clue of what they're egging you on towards.. other than laughing at you.
And they cant buy a plot of land on the other side of the fence? Seems as though there is plenty of land adjacent to the station
There is no law of trespass in scotland , so that part is wrong ; secondly it is a criminal offence to obstruct a public right of way and if you refuse to remove any barriers you have erected , they can be forcibly removed , and you can be charged . No offence here by either authority .
next step for them is to compulsorily purchase what you call your driveway and use the land to build a station car park .
There are trespass laws in Scotland but they are very different than England. If they own the land then Network Rails actions are aggravated trespass. You cant just come onto someone's land and start doing stuff to their property.
I’d love to see your reaction if this was happening to you! I’m absolutely certain you would be offering the same advice to yourself, who needs a driveway anyway eh?
did i miss something? in the video when you gave the one copper the head net, at the end of the video you showed him that network rail didnt own the land but rather you did. the head net copper even agreed with you. so what happened between then and when these thugs in orange came and cut the chain. i know you're a busy man but if you read this would you mind sparing a few minutes. see, the woman that owns one of the flats next to my house says she owns part of my land, despite on the paper that shows my boundary that includes the bit of land she claims is hers. the line is very clear but she still claims the land is hers.
In all honesty I'd have let the BTP arrest "me" then I'd have sued the arse off them for wrongful arrest.
Stop waiting for someone to come to your aid i.e. lawyer or social media channel. Go get legal help now. Stop talking to BTP . They are not of the required intelligence. They keep going back to their superior who tells them what to do and then they return... repeat cycle. It is mats superior you should be talking with. Lawyer up fast. Make relevant social media aware of it yourselves. You contact them... don't wait
This wouldn't go down so easy in America. Under Castle Doctrine you would be in your legal right to use any weapon to defend your land.
There's no way the BTP are impartial they're there to assist in the illegal tresspass.This has to be the local Police's jurisdiction as it's private property.
Well they have to decide one way or another at any/every point in the process. They have reviewed all the information given to them and have enough evidence to act that Network rail have legal access and thus allow them. Even if it is a civil matter you still have to bring Network Rail to court to prove it's yours, prove they are acting incorrectly, and seek damages. To accuse these officers of corruption when they have already spoken to senior management and BTP solicitors is extremely harsh and certainly won't make them any more patient with you.
I find it very cheeky that you keep refering to people's qualifications when you also do not have the qualifications to support yourself, or an official employed on your behalf. They do have official solicitors working on their behalf so they probably haven't commited any crimes. Best bet is to call the police and get a lawyer to take them to court.