*We would like to thank everyone for their support, we sincerely appreciate it, thank you.* Our Gofundme is to help with the things like the survey and legal expenses. www.gofundme.com/f/588854-altnabreac-cover-up
why does the rope mark a 90 degree angle? it seems like one fence post would be outside of your land markings, the part where the chains were cut if this rope is to be believed.
I would go to court & ask for reparation of costs plus interest & costs for anxiety & stress to be awarded to you for their bullying tactics. ( I saw P2 as well.) Where you ARE PROVEN TOTALLY CORRECT. Cops were just told this was the bosses decision go. SO SAD.
@altnabreac absolutely commend you for engaging the services of a civil engineering firm to survey your property and place temporary markers. I encourage you to have permanent markers placed by the surveyor. If you haven't already done so have an Engineering firm draw a current plat map of your property that includes permanent landmarks. Have a solicitor file a certified copy of said updated plat map drawing with the court.
I think the rope is only a rough guide to the boundary for us to see. If you look at the fence you will see there’s a wooded peg banged into the ground right next to the fence showing the boundary line. Also you would have to line that peg up with the next peg along (which is shown in another video) so until you see them lined up we don’t know if it goes off in an angle or not. But going by the gentleman who owns the land. He mentioned that the other side of the grid is owned by an investment company and another bit by the School House. Land disputes seem to drag on forever and drain you of a load of money. A relation of mine had a dispute over 4 inches of land down the side of there house which delayed there sale by months.
@Du1uxDog I see wooden stakes as temporary markers. Wood decades faster than metal will corode or oxidize. Permanent markers are usually rebar or iron pipe.
@@AlmostLastJedi If you had a dispute over land ownership with your neighbour and called the police, do you really think they would even turn up for a civil matter, let alone get deeply involved?
I'm sure the homeowners will and what's more they shall probably win, however the wrongdoers will not suffer any personal consequences financially or loss of position. In the end taxpayers and rail users will pay for this. The bad publicity is probably the best weapon ordinary people have against these corporatist entities.
I would put chain back up and if they turn up again tell them that they will be charged with trespass and inform the police as its a civil matter they can't cross until it has been resolved in court
@andrewtrip8617 so what you are saying is that it's OK for them to bring big machines onto your land without your permission public right off way is defined as passing through as they would have to ask permission to big equipment onto there land
@@ianflynn2353 I've had a lengthy boundary dispute myself, albeit under English law, plus a Right of Way issue, but rights of access are slightly different, often contractual and outlined in title deeds, as Covenants.. Right of Way (for the public) is Access and Egress, that is a way in and a way out, has to go somewhere, rather than come in to a garden for example, then leave.
What people may not know is that this sort of corruption, threats, etc, is endemic across police, civil service, agencies, etc. They know they will get away with it, and even when they are losing, they will create an 'offence' just to ruin you life. The judiciary are not interested as they are required to keep their successful conviction rates as high as possible, other wise their careers are sidelined.
I had a dispute with neighbours and had to get a surveyor in. Our surveyor drove a rebar painted blue like 600mm deep, flush with the ground. I was told to put in my own pegs at a distance to triangulate the surveyor peg in case it was removed. I 2 of inserted my own pegs about 3 meters away. It was good enough to find the surveyor peg again. I can tell you that I needed this when I discovered that someone removed the blue pegs on one side of my property.
As a former BR/RT/NR employee we always argued against selling stations and the surrounding areas. They were sold of by RT a costly mistake you shpuld never sell railway infrastructure and access to anyone.
As I understand it NR can apply for a CPO and reclaim the property at current market rates. I am really hoping some at NR does this and send these two scroungers packing.
I have accidently come across this channel. I am no expert, but a fan of disused stations as my Uncle owns old station buildings in Scotland. Anyway, I happened to just glance at old maps of your area..... OS six inch 1888-1915, OS 1:25000 , 1937-1961, OS 1:25000 (Outline) 1945 - 65, OS 1:1 million - 1: 10k 1900's etc etc and they all back you up with the boundary you state. Unless they have been wrong since 1888, then it looks like Network rail are trying to pull a fast one. Good luck in your quest and at the end, I hope you win a substantial sum for the stress.
Good move getting the boundary confirmed professionally because it should be accepted as a professional survey document qualifying your property boundary.
I suggest that you invite Network rail advising of this development and invite them to make an offer of compensation for the aggravated trespass and false claims of ownership of your property which caused you harassment, alarm and distress. You could also ask for their proposals for seeking permission to access your property for any future work that may need to be done. Further ask NR to explain the precise basis on which they accessed the property under the previous owners and the precise basis on which they changed that arrangement. I suggest that you also write to Plod and invite them to comment on their actions which were based on a total misunderstanding of the legal position of ownership asking them to provide the evidence presented to them that allowed them to make such assertions with threats of arrest which also caused you harassment, alarm and distress. In both cases you could add that you are giving each party the opportunity to remedy fundamental breaches of your property rights and that any further action you take will be determined by their response.
Not to mention reinstating the parts of the property where they have built a path back to how it was, and replacing any trees that were on your land and removed
@@ALTNABREAC As a lawyer, not an internet trained lawyer, albeit not licensed in your country but in Australia may I offer a suggestion? Before listening to internet commentators: Call a lawyer. Do not offer them a cut, that's what they'll want if they're corporate focused.
Wow Network Rail are really showing there True colors with the bully boys. Mr Smith won't be so when court decide the land belongs too you. I'm following this with great interest unfortunately I'm not in the position to help fund your fight. Hope the outcome goes well
The big problem is that the Railway Company's sold off so much land, but they didn't think it though. It's happened up and down the country . Sorry I can't send any money as I am a pensioner and you know what the Government have done to us. Good luck with your fight. Willy.
Hi Willy, just by you commenting on this video supports us, and we very much appreciate it. You have a lovely weekend and thanks so much for watching. BTW We are against what the government have done to you, are you managing to stay warm and have food though?
Dear sir and madam, i am of the same opinion as Willy and pretty much in the same boat. The blatant chicanery and skulduggery of some people involved in maintaining that you don’t own the track is clear to any “reasonable person” (as described by Lord Diplock in the case of DPP v Camplin). Do they honestly believe that they can ride roughshod over what is your boundary or curtilage of your property and has been defined by the qualified surveyor, do they even know of the expression “due diligence” . If they continue to harass you with their egregious and clearly erroneous claims then they need to be taken to the highest court in the land, it’s a matter of principle and also that right will and must be done , as in the case of the Winslow Boy. All the best to both of you.
Willy....I am a wealthy pensioner and I consider it a prudent move by Kier Starmer to stop giving free money to people like me. If you really are poor then you will still get your free winter money.
correct me if I'm wrong but Network Rail aren't claiming they own the land are they? Instead they are claiming they have right of access over the land. That's a very important distinction.
I'm confused as to your claim, please correct me if I've got it wrong, I'm sure that during one of your earlier videos of the NWR workmen starting work as they were taking down a fence and cutting down trees and bushes in the area of the new path you stated in that video that they were taking down your fence and cutting down your trees on your land. I'm sure you videoed areas of land where the new path was going which included a washing line drying area That video to me suggested that NWR were laying claim vast swages of your land, which got my dander up against NWR but now in this video its about the drive. Don't get me wrong I am on your side but I'm now unclear as to what injustice I'm supporting you on ? May I suggest a video of you walking your boundary and showing the whole area at eye level with reference points using buildings and the new path will help to make things more clear to a thicko like me. Best regards
You’re not a thicko at all. They are ignoring this question on mass scale it seems and have mislead everyone in regards to the wooded area where the path was built. I supported them at first but I’m quite annoyed that they told us they owned that area when it’s clear they did not. The damage they claimed the rail company did to their property was probably a major factor in people supporting, and none of that was even true. They need to explain why they said that, because if it was just a mistake they need to issue a correction, otherwise it’s clear that was all just to draw an emotional response from viewers
Clear nonsense. As if network rail was ever going to sell any property without retaining a right of access to maintain their infrastructure. Clever editing and half information.
As the ownership of the land is in dispute I cannot see how the pursuit by either party will resolve the issue. This requires a determination by the Court, pure and simple. Boundary disputes are one of the most difficult areas as far too often the Land Registry Title relies on vague definitions, often by a red line around the property, which at scale is over 1m wide. In our digital age and with the technology available it should be incumbent on a party selling the land to provide accurate location information by fine detail map references that are then checked and confirmed by neighbouring property owners. At present the Land Registry, far from defining the true ownership of land as it is supposed to do, still leaves it to property owners to fight it out, each probably citing the LR vague mapping as definitive.
I believe the station building was first sold in the 1960's and the station area 'carved out' as an island within the wider land. How does the 1960's title deed of your house describe the boundaries? Let's hope not, but It's perfectly possible for the land to have been incorrectly registered, and comparing GPS co-ordinates with a land registry plan would unfortunately be immaterial if the land wasn't registered correctly in the first place. My understanding is that any surveying needs to be relative to a point of reference which exists on the title deed, and the surveying should be aiming to clarify things relative to the title deed, not the land registry plan.
Did you verify the 4 other limits ? Is the SouthWest limit matching your expectation ? Did you cross check with the result of the land surveyor with the size and area of your land ?
( BTP ) DONT GO ON YOUR OPINION GO BY THE LAW... ( BTP ) ENFORCE THE LAW NOT BE A LAP-DOG TO CORPORATE CORRUPTION ...( BTP ) BOW YOUR HEADS IN TOTAL SHAME & YOU WONDER WHY ?
Sorry if someone has mentioned this already. Registered titles mark general boundaries, not the actual boundary. Best to check the actual property title. If you dont have this it will be with your morgage company and you can purchase a copy off them. It is known as 'paper title', this still needs applying to site features. So, NR might own that land or have rights of access and a conveyancing mistake shows otherwise. Or the oppostie. The professionals involved should have picked this up.
Also the title deeds not only show ownership but any other caveats like the rights of others to “pass and repass” over land to reach other owners land - which is very common on tracks and roads leading to somewhere where you have to travel over adjacent land owners land to reach your destination.
Look at the title plan. The white strip which SR claim and is not disputed is only about 2.7m [9'] wide - about the same width as the house-extension with the door. In the films of the cattle-grid and driveway/house the gap from the edge of that extension to the white strip is about 5.5m [18']. Note that all dimensions are estimated on the visual evidence and proportions in plan. it seems to me that about 3m [10'] of the driveway [gray] up past the shed is inside the title boundary. However a strip of the drive-way [which is the white strip], that is SR's, initially takes up a bit under half of the driveway's width along the trees/bushes [approximating to the worn 'rut' in the gravel along the grass-verge/tree line, and then bends slightly away from the house, widening to around 3/3.3m [10/11'] at the station end. In fact the line demarcating the boundary is approximately in line with the lamppost by the platform and a line of plant-pots on the drive. So, the SR's strip [white] is a narrow pathway along the edge of the house's supposed driveway, while the house's owned driveway is a somewhat wider strip, widening after the shed. That is to say that two owners in dispute have a limited width of access past the shed, but of course the house owner could sacrifice same of the grassed area by the shed for a wider drive wholly within there cartilage. SR could widen their [white] access into the tree/bushes. It's suitable for pedestrians etc, but probably too narrow to get anything but domestic sized vehicles down it as it stands. I am surprised that there wasn't a legal agreement tied up with the land sales allowing some access over at least some of the house's driveway up to the station. The path built by SR perpendicular to the drive-way seems to fall entirely within their land. The matter of the cattle-grid and side gate is weird the splayed boundary lines offer both land owners restricted with access - about 1.7m for the house and 2m for SR, with both owners needing access over the cattle-grid which is owned in the main by the forestry company who also control the access round up to it - which incidentally is drawn about the same with as the hose's drive including the SR white strip. The splayed boundary is not reflected by what's on site and needs clarification, currently as built [by whom?] it provides about 60:40% of its width for SR:house. Surely there must be some existing legal agreements in place between all three parties, allowing 'shared' access through this pinch-point otherwise it's unsatisfactory for the house/SR. The householder could erect a gate over their 40% of the cattle-grid, thwarting SR's reasonable width access, conversely SR could block their side with a gate, but that might be petty with neither side winning. oddly the side gate to the cattle-grid is built entirely on the forestry company's land, as is the access path to the side of the driveways to circumvent the grid - as is clear from following the splayed boundary line across this plan area and in photographs. The new path SR built seems to just miss this boundary oddity, but might infringe slightly nearest the grid/gate. So SR do NOT own the house's drive, but SR probably own a strip of it by the trees. Without agreements it would be unsuitable for heavy vehicle access. The cattle-grid access rights need to be agreed by 3 parties as currently it suits no one. I hope this 'second-opinion' helps you all get a resolution that's mutually satisfactory. SR have been very heavy-handed, but the householder obstructing their access across the cattle-grid was wrong, even if the share of its width is narrow they could move small plant and machinery over it. SR should not have claimed to own the whole drive-way, although they might have some agreed rights of access that have not been presented, but failure to do so by them is unsatisfactory. The BTP can get involved in trespass issues, but they offered no real proof to the householder as to why they believed SR over them. Both SR and the householder are wrong to some extent. Surely SR must have something that they can provide to the householder regarding extended access rights along this edge of the drive - SR certainly don't own the whole driveway, the plan is clear on that.
Well thery should of done that in the first place, but they didn't, they have bullied and harassed this couple because. A. They think they own "access", but they don't. B. See A because it's easier
Just looked at the first 4 minutes and am confused already. On the plan it shows a 45 degree angle on the corner of your plot. However the angle between the orange rope and yellow rope is 90 degrees?
I'm really interested to see how this progresses, because their solicitors and upper management drafting in workers and police while ignoring a legal challenge to land is just disgusting. Its so clear what they are doing, clear as day.
Sounds like either NWR own the lane and you have an easement or you own it, and they have an easement. Either way they would have access. Can’t see possible adverse possession (ie exclusivity) so only leaves incorrectly recorded on the land registry - so a court matter
Ahhh good stuff, you took my advice getting a cadastral surveyor to peg your boundaries. He should provide a plan as well of that pegging. You can use that in court . The Torrens system is a wonderful thing.
The paper title would generally show if there is an access allowed to a third party - in this case network rail. If not, then that’s on them to provided adequate compensation for actual right of access, not an imagined or implied one. Now remember, it’s BR or NR that sold the property in the first place, and if they failed to make it clear that they would maintain an access post sale, then tough luck on them. They know you can basically charge commercial rates on land theyd like access over (it’s called a ransom strip for a reason) and my guess is that the deed doesn’t allow for access and they know it. So in steamrollering you, then they hope you’ll run out of cash to fight them.
Stay strong. I'm Australian. I had the pleasure of meeting people from Registers of Scotland at a conference of land registration authorities quite a few years ago. My recollection is that the land title registration system in Scotland is very sound, well regulated, and transparent. I'm quite surprised that the police and rail people you are dealing with seem to have no interest in the text of your title and the referenced cadastral information. Regarding your current court case, it appears that the police and rail people are challenging the Registers of Scotland (ROS), and as such ROS should be joined in the court action. I hope you are able to establish that point with the court and with ROS. I do hope this is resolved quickly now that you are at court. All the best to you, and may you prevail.
@@Nigel-f8w yes I am familiar with title plans and mapping. I have worked in the office of the Registrar General and Surveyor General of South Australia. I have worked in the field with surveyors, and I've prepared survey drawings of land surveys that I assisted with. Where I live the Certificate of Title is the primary source of land ownership. It references a Deposited Plan in the Surveyor General's repository. The Government guarantees title based on those two documents. My understanding, having spent time with people from RoS, is that the system in Scotland is very similar. I haven't seen the plan. I'm confident the Surveyor who pegged the boundaries recently has accessed the property data. Can you please explain what your point is?
@@Nigel-f8w unless the cadastral map is referenced by the land title it has no legal standing as a definition of property ownership. Cadastral maps are descriptive rather than definitive. The property titles, and the survey plans they reference, are definitive. That's their purpose - to unambiguously define each property along with any and all interests in that defined property. All interests, whether they are liens, mortgages, rights of way, encumbrances, etc are declared on the title (including the referenced survey plan). If not, they do not affect the propriety of the parcel of land. All of this should be considered in the court case. There's no point arguing on social media about cadastral maps and the like. My point stands - that this case should enjoin the ROS, the authority entrusted by the government to define the Interests in land property.
Well done for standing up to Network rail and the smug creeps who work for them and the police hierarchy who obviously are in co with them, sue the lot of them! There a disgrace and you are heroes!
Question. You own the driveway. But do the railwaycompany have any right written in some document to use your driveway? As in ”right”/”easement”. If not. You have been violated.
@@amandawoodward6598 do you have a link - looking at this from the outside it seems pretty clear that even if the land was sold off, NR believe that they have a right of access - which would not be unusual. I'd be interested to read what the Title docs actually say.
I'm not a surveyor, but as I look at the map with the red arrow it appears to me that the point of the arrow is on what you are referring to as your driveway and the tail of the arrow is in your property. So, unless you have an easement where the driveway is, it cannot be considered part of your property, per the survey. I don't know who/what owns the property on which the driveway resides, but, as I said, unless there's a legal easement stating you have access to this driveway you are in a world of hurt, or in other words, you're landlocked, altho' I can't see the rest of your property to see if there is access on any other side, etc. Good luck is all I can say to you.
The whole driveway is within our registered title. We do not need an easement over our own land....I'm not sure what you're looking at but you are wrong.
@@LizAltnabreac-u8h I'm happy I was misinterpreting the map and that the entire driveway in on your land. Land squabbles can be very stressful and I hope this is entirely behind you.
I'm proper happy for you guys to now have evidential proof of your boundary, hopefully the YT comments section solicitors will now wind their necks in and realise they aren't solicitors
@@andrewtrip8617 Well technically right of way doesn't apply to private houses and garden in Scotland for one. I also don't think you understand what a cynic is and why you have drawn the conclusion I mistaken realist, fantasist and cynic. I chose that word as from your rhetoric, that is how it appears, for example "Success at what exactly". If you would like to go into the philosophy of that I am happy to oblige. If anyone wants to waste their money which I don't agree they are, but, lets for arguments sake say they are, that is their prerogative not yours or mine. If anyone wants to make content or as you call it entertainment on UA-cam, then again that is their prerogative not yours or mine. Now personally I want people to be happy and be successful in their lives, I don't want people in anyway to have bad or negative things happen to them, now I would argue that your rhetoric is very negative and not positive, you clearly don't want these people to be happy hence your negative responses. What I will ask is why you feel the need to be negative to these people whether you personally believe its a realist position or not as being a realist can be extremely negative and we have enough negativity in the world without adding to it.
Not trying to be critical but two things hit me 1.the running line was there a😊 long time nefore you moved there 2. Why didnt your solicitor mention this during the conveyancing which is their duty bearing in mind that it has a running line which must be maintained to retain line speed and is part of DOT requirements and because of this i dont think you have a case and 3. Who has maintained the driveway you or Network Rail.
I've been where you are. When you are fighting a bully the only solution is the courts. ££££££. These bullies know this and that's why they are pushing.
Just a small point and I'm on your side and wanting to help, but technically the chain and lock that NR cut, were on the other side of the yellow rope, so that means and correct me if I'm wrong, they were cutting a chain and lock that was on Callodoian Forest Land Limited's property, so no criminal damage to your property then? Its suspicious that they cut the lock and chain right over on the Caladonian Forests Land Limited's side of the driveway and not in the middle or on the other side. That sugests to me that maybe they really did know exactly where the actual boundry was. This doesent excuse the trespass on your property by NR staff, NR contractors with machinery or BTP deciding on a civil matter which is, do NR actually own your the driveway as they claim or BTP threating to arrest you for parking your car in a driveway whose ownership is in dispute. The correct course of action for the BTP wold have been to advise both parties that they need to seek a court injunction before either commencing or preventing any works and then BTP should have left the site.
The chain was on the house side of the cattle grid (see eg 10.30), because the property owners knew that part of it is theirs. Access to the station is a public right of way, which they don't dispute, but Network Rail access is to the side of their private vehicular gate. They've stated they will negotiate access but NR don't accept that they don't own the land (so believe they can access the drive without asking permission).
My understanding is that whilst I agree with you that the padlock was outwith the couples now defined boundary, it was still their property and should nit have been deliberately damaged. If I parked my car on your land, you don't get to damage it or cut it into pieces just because it's on your land. In this case it is still not NWR's land, but is the Forrestry companies land. Therefore, even if the land owner gave permission for network to access this tiny part of the land outside of the yellow rope, then NWR still don't have any authority to damage the property of the couple. Perhaps the BTP could have instructed the couple to remove the chain or face arrest, but the police officers attending didn't do that. This never sat well with me when I watched that video of the BTP only threatening to arrest Ian if he didn't move his car from blocking the drive...the exact same drive way that we now know they fully own. But he never ordered Ian to remove the padlock and chain. He just stood and watched NWR commit deliberate criminal damage to the couples property and then allowed NWR onto the couples land with plant the weighed more than 4 ton. This still makes no sense to me! As a solution however, I would for sure put my own gate post bang on my boundary (yellow rope) in line with the existing gate post and if that made the entrance too small, I would make it a removable and lockable steel post. You can easily fit it yourself. Dig a small hole and concrete it in. Job done. Let them try to cut that off in any future unauthorised attempts at accessing your property.
@@andrewtrip8617but they didn't do that. The public right of way is via the foot gate to the side of the cattle grid, and presumably runs where the hedge currently is. The couple could now fence their boundary off, without limitation to the public right of way. Perhaps NWR new this all along and that is why they built the new path to the platform.
Well done to both of you for sticking with it. Maybe you should claim, once it has all be sorted, for the distress and fees THEY have MADE you go through!!!!! Maybe you should claim against both NWR and BTP :)
Thanks for the update. Call me cynical, but at around 16:10 on this video, it shows the surveyor plotting the Eastern boundary, neatly past the end (or beginning) of the new NR footpath. It's almost as if they knew exactly where the boundary actually was! ;)
NR have known all along we own our own driveway. They tried to steal our land and hoped we couldn't afford a surveyor and wouldn't go to court but thanks to our supporters helping us, we got a surveyor!
Have a look at the ground under the peg by the cattle grid in the video. They buried a cable there and they have definitely caused damage to part of our registered title. 👍
They probably do know who owns the land, but have a registered right of access. I unfortunately have a number of rights of ways and easements giving various companies the right to do work on my land. The power company have an underground cable which gives them right of access at any time and I can not cover it in any way, ie pave over it, store anything on top of it. From my understanding they own the "driveway" up to the cattle grid and have some kind of Easement or Right of Way in order to carry out the work on that footpath.
@@thedogsdiddies8421 If that were the case, NR would have produced evidence of easement (or whatever they're called in Scots law) and resolved the dispute ages ago.
Not necessarily, it costs money to do these things and most people won't fight it. In my experience its best to work with them unless you are absolutely loaded and have money to fight them, but make sure you understand the law and things like rights of way, easements, etc
I've just found this randomly. AND, I'm all for justice, etc but I can't see what Network Rail want to DO on your/the land?? Just pass by to get to the track? Install some equipment? Would it be something permanent, done daily or once in a couple of years? Can't you just allow them access???
Exactly this, they just want to get to the platform (which NR own), do an inspection, fit a bike rack, some comms equipment and a remote control button to request the traisn to stop. Until the platform can be inspected, they can't have stopping trains, so many walkers and cyclists are unable to access huge areas of the land becasue these two twits won't let Network Rail get to the platform to do work for the public good.
NR need to do things lawfully. We have always shown a willingness to try and work with NR and even offered to grant them a temporary access licence a week before these videos. NR ignored our offer and instead chose to falsely claim to own our driveway and used their biased BTP officers to threaten to arrest us for trespass on our own land if we tried to stop NR coming onto OUR LAND. BTP gave the workers the nod to cut our lock to our chain to our driveay! Totally unlawful.
@@itsverygreen532 NR need to do it LAWFULLY! If they decide to act honestly and do it the right way, then things may progress. How can you not understand this!
Please forgive my ignorance and lack of knowledge but can you please help me with a couple of points? 1) What exactly are NR trying to do and why are you stopping them? 2) What will happen after they open the station again? Will NR still be asking for access via your driveway and what will that mean? 3) Who owns the land beyond your driveway? If it’s NR, could they stop you accessing your land? 4) How do you want this to end/conclude? I hope you don’t mind me asking but I’m a little confused by the situation. I hope this gets sorted soon for you.
@@andrewtrip8617 I seem to have joined the party late and don’t understand fully what’s going on. Are the couple asking for a fee to allow access? I can’t understand what the original issue is and why it’s blown up. If NR use the path and cause any damage then they would have to make it right after the work has finished. I’m proper confused! 😳
I think the key is actually the land to the north-east of your house. Given the title plan is definitive, if NR did own the track then there would not be a small area of lawn next to your house. So the plan needs to be interpreted to include that area, plus an area of lawn near the building that is near the gate. You can then fill in the boundary. The surveyor really should address the bit with the arrow, since that is the whole cause of the problem. Even if just to say that it once was an area not covered in trees and hence that's why it appears as such on the map.
It's interesting to go back to the 1900's maps and see how the road layout was then. maps.nls.uk/geo/explore/side-by-side/#zoom=19.6&lat=58.38800&lon=-3.70564&layers=6&right=GoogleSatHyb - It's not quite lined up, but again it shows what the original road does go up to the side of the house.
Even if you 100% "own" it.... They can still have use of it under the right "circumstances" and can "pass and repass etc".... Been there, done that and got the T-shirt. Neighbour thought he was right and we were wrong.... Unfortunately, we were basically right and he was 99% wrong.... As proven by the barrister and ruled on by the judge. 2 years of life wasted. ..... Oh... And it was fruitless to him in the end as he had to sell his house to pay our costs aswell as his own.....
That’s all this has ever been, another case of the big company trying to bully the ‘little people’. I hope you can make them pay compensation for criminal damage. And it would be great if you invited mr smith and the two cops back to see if they can acknowledge that they were totally out of their duristiction. And to all the trolls - Game Over
you can see Network Rails error and it was on there maps all along there access is where those trees have all grown that bit of grey track is right next to your land - they have made a major massive error and stress and hassle and abuse you have got from Network Rail and BTP is unreal when someone realises this they are going to be swearing under their breaths somewhat !
And this is absolutely correct, I worked on the railway for many years including pre privatisation, the first thing that went was maintenance of the track sides and vegetation control, all those trees that have grown are seeded not planted, that is their track, if you want to call it that! It's plain as day and maps, title plans etc and yet they are blind to it, there must be some old photos somewhere that rail enthusiasts have taken which will show that area of land before the wild growth of plant life took over. Network rail are like ground water, they will take the path of least resistance, first they thought they could just by-pass you and secondly instead of clearing all that area in the other side of your boundary and creating a straight path( which of course would cost money getting all the trees out) they just chose to cut a little segway and lay a path over the top of clear land. Quite ironic in a way because when the railways where first designed they followed the path of least resistance by following contours of the land to save of digging, hence why we have bendy railways.
Love that you now have the Truth and its proof your not some nutters from the wilds, that you have a fully mapped out boundary...Happy days, sit back and smile your legends and stood firmly on your ground and it is your land so lets see what the fools parade will say next! proper job, I shall be raising a dram to you both tonight! one love Ian and Elizabeth
Excellent, that is one step completed. No doubt NR would like to engage their own surveyor, but can’t see type result being any different. The next step maybe a court to decide on access rights of NR. Anyway thank you for the enlightening update and good luck for the next step.
What you should do is threaten to sue the solicitors involved with your purchase of the property just to stir up a nest because if what NR are saying then your solicitors are liable for failing to check all surveys & reports while concluding Missives for purchase of your property, easy peesy, once you threaten them with this because NR say different then your purchasing lawyer will HAVE to look into this to see exactly who owns what, so either NR have f****d up or your lawyer f'd up and your a victim in all this, don't give in because you've done nothing wrong
Great. Can you possibly confirm the source of the measurements that the surveyor used? I dont think that the maps you have posted showef these. Another channel (!) Does have a map of your title with measurements. Dont know ifvthese were the ones used - or even if that map is accurate. Be great if you can clear up the source. Cheers!
Thanks for the comment, like I said in the video, the report is for the solicitor and court first. We will release the full report when we feel is the right time.
I think i would be following on the fence from the cattle grid on the east side and down the track establishing exactly what is mine and on my land. Then cut out an access public footpath for the access.
If anything going off the peg before there path looks like they have installed it over the boundary to your land all be it only a few inches but given how they haven't treated you two very nice its just something to add onto the upcoming lawsuit.
Is there a chance that the track has moved over time? Currently it veers in the direction of your cattle grid, because you are using it, it looks like this is where it always has been, but there is a big space where it could once have veered towards Network Rails land. Although your boundery towards the station is covered in trees, it only takes 20-30 years for such growth, and this may have been the previous "track" based on your surveyours markings. Just a thought. Would help if there were photos of the area from when it was NR's land to see if this is the case. It would also explain why NR are adamant it is their land, basing there calculation visually on how it looks today.
Just adding to this, in my arm chair investigator role. It appears from a title plan of 2014, the original access road was on the other side of the plot, and appears subsequently a new access point to what would have been rail tracks access road was added. So who ever added the cattle grid has started to use rail tracks access track. This supports the tracks alignment being slightly further east, where the pedestrian gate is and in that direction. Therefore I feel that Rail Track are in the wrong here, they need to reinstance the track to the right of the cattle grid. This is backed up by where the survey put his markers. I feel the previous owners either added the cattle grid, or came to a verbal arrangement about its position with either the land owner or Rail Track and probably didnt mind rail track or other people accessing the station via their land, but since those people are long gone, no one can tell the tale. Here is a link to the 2014 copy of the title drawing: media.rightmove.co.uk/51k/50722/30524007/50722_RUR140191_IMG_04_0000.jpg
In this video you show the boundary of your land pertaining to the cattle grid and driveway, the orange line shows the limit down the cattle grid, and the yellow line across the cattle grid. Your padlock and chain extended beyond your legal boundary, as noted by the yellow line, so you are trespassing on land that is not yours, as you say in this video it belongs to some forestry commission, who also own the rest of the driveway beyond your orange line. Scottish rail may have trespassed on to your land, but the lock isn’t on your land. So it’s the forestry people that need to get involved at this point, as according to your boundary the land is owned by them. I agree totally that Scottish rail then proceeds to trespass on to your land in order to carry out their necessary works, but don’t keep harping on about the lock and chain, as it’s actually not within your boundary. They could have sort the forestry commission’s permission to cut the lock and you wouldn’t have a leg to stand on as it’s not yours, self admission shows this in your boundary markers
Hey there ! Just came across this channel. I’ve gotten the just of the issue of the complaints etc by watching a few vids. Have subscribed. Can I ask what are NR actually doing on your land ? I mean it looks like construction, what are they actually doing ? Best of luck regardless. The map certainly showed the land belonging to you.
Hi, thanks for subscribing. NR are unlawfully constructing a pathway to the station platform, they claim to own our driveway, but not many people ask why they are constructing a pathway if that is the case. 🙂
@@ALTNABREACthank you! All a bit clearer for me now :) I’ve asked to be notified as well, genuinely interested in your case. I like the David Vs Goliath stories ! Cmon the David!!
Two different Surveyors have shot the boundaries of our property using GPS in the last 3 years and their stakes are a foot apart. We are now measuring in millimeters property lines that were laid out decades and sometimes centuries ago using iron chains or rope. The irritating part in this case is it looks like there is plenty of room right next to the railroad track itself for them to use as a right-of-way.
That's the problem. The old maps where drawn with reference to local features. This pair of twits are trying to use GPS data to position the old map onto the WGS84 grid, there appears to be a shift of around 2 metres between the two. The problem they will have is that the Northern wall of their propert if they persist in this will now be outside their boundary, and a right of way marked in blue on the map will run through the building itself! I doubt we will ever see what is actually in the deeds, Network Rail will certainly have reserved a right of access down the track, what they are arguing about is where the track actually is!
I went through something similar, my neighbor tried to take my driveway from me…it took three years and many thousands of dollars to resolve. We eventually won in court.
How many times has this happened in the past? Especially to people that dont have a clue regarding what they actually own? These companies use bullying and scare tactics to intimidate people that have chosen a location to create a life of happiness for their selves, only for it to be turned into a living nightmare. The stress, worry and upset to your daily lives must be astronomical! You will prevail and open a door for others to follow! Keep your heads held high and good luck with anything coming up.!! 👍💫
I'm unsure what this story is all about, what are Network Rail trying to say and why do they want the driveway or reason? Looks like you got them bang to rights. Well done 👏
Glad to see you are still standing firm against the bullying of NR and the BTP’s corrupt and biased support of NR in their attempt to steal your land. I truly hope they learn a valuable lesson about trying to use their size to pressure landowners into surrendering their rights and that they are forced to publicly admit their guilt as well as compensate you both for the hell they have put you through.
Morning, yes we hope lessons can be learned from this. We often talk about this old man that used to run a barbers that had been in his family for ever. Well the big corporations bought the whole street to bulldoze them all down, the old man didn't want to move, they flattened everything around his little shop, he stood his ground, he wouldn't move. Appreciate your comment, thank you 👍
In the U.S. surveyors drive long, steel pegs into below ground level so if there is a dispute, they can be found with a metal detector at a later date.
@@andrewtrip8617 if they drive steel rods they also use a metal detector to make sure they are not hitting power, cable or water lines. BLUF: It’s incredibly hard for someone to remove a 3 foot steel rod from the ground that marks your land boundaries.
Good, sue that smug Smith for damaging your lock, you're looking at a nice payout from both him and NR. I was go after NR for all the stress, damage and costs you're clocked up, since they are in the wrong they have to reimburse you and fix any damage they did. I would personal look into putting your own fence and gates on your boundary line so NR doesn't try this again..
This is excellent, let's see now if the Courts are honest on this occasion and accept the irrefutable Fact that this is indeed your property. Perhaps an FOI request regarding the sinister meeting between BTP and Network Raii and or their legal team in which they came up with the lies about who has ownership of the drive of your property would be prudent
Establish which stakeholders were invited, attended and who should have been consulted who was not - you, for instance. Regard that meeting as an internal corporate NR/BTP meeting which would have been an internal echo chamber for them to agree among themselves they were correct and you were wrong - don’t worry about it. They make the process itself a punishment by the way they act and it is deliberate and bullying.
You will not get anything from a FOI request between a client and their legal team in terms of what was discussed at a meeting. At best you might get their recommendations .
@@robotsonmars1989 the police are not a client, they are public servants who must remain unbiased and they most certainly were not that in this instance, in fact they appear to be fellow conspirators. Now legal advice for Network Rail from their legal teams is obviously not suitable for an FOI request but discussion between them and the BTP most certainly is... They will obfuscate without a doubt but it's worth exposing the conspirators further if possible
Following my last comment... SR and NWRail are interchangeable in much of the last comment. There are two title maps shown in different films. In this one the house road/verges etc are clearly seen, the one the police had just cover the house's site in a red blob; there's blue strip that appears to almost pass through the house - not explained - but on another plan it appears to go between the house and shed. What is it, ? Is it properly defunct ? Back to the cattle-grid... Who owns it ? - the forestry company is assumed. Their boundary is shown skewed at 45 deg, giving an awkward access the the white strip and house's gray driveway, but it includes the side gate and access points both sides of the grid. Do SR/NWR and the house have legal agreements to use the forestry company's driveway up to the grid, and cross the grid itself ? If the grid needs repairs who pays for them ? The side gate and both side fences/posts look newer than the grid itself - who built those ? What was a pedestrian side gate added ? Why was the grid built square to the forestry company's driveway when their boundary is skewed ? Who maintains the triangle of their driveway on the house's side of the grid ? [it looks like the house does] Did the forestry company have proper permission to construct their grid partially on the house's land [a small triangle accommodating a small part of the grid and a post] ? Because the boundary is skewed the white-strip area is not affected by the grid's misalignment. If the line of the tree-side fence posts along the grid is projected towards the house, then the 'hedge' that forms the house-side limit of the treed area runs along it for about the length of the house's shed. If the centre of that hedge forms the boundary of the white-strip tree-side then the title plan's dimensions move the white strip over a foot or twp - leaving a narrower white-strip usable by pedestrians only. Are there any old boundary pegs in the hedge ? Are there any boundary markers along the driveway at all ? Who clips that hedge ? It looks 'tended' but is outside of the house's boundaries. Seem like the SR/NWR solicitors/surveyors did a poor job of clarifying matters when the house was sold and strips of land were to be retained; also rights of access over the house's drive could have been clearly set out in the legal agreements relating to the house's demise. Perhaps these exist but we have not been told... Next point: services to the house etc. The householder has said there's no electricity supply, and they rely on solar panels and a diesel generator. Is there a mains water supply to the house ? If so then where does the underground pipe run, where is the stop-cock etc ? I see blue pipes, are these related to the supply ? I think there's a well ? It is assumed that there's no mains gas supply to the house. Is there a telephone/broadband connection to the house ? If so then where does it run ? The house has no mains drainage. The septic tanks discharge seems to be 'off-site' - is there a legal agreement to run the pipe through there etc ? Is roof and surface rainwater disposed of by soak-aways ? If so are these within the house's demise ? On a separate note: does the owner of the land [or owners] have proper permissions and licenses from the local-authority to allow dumping of waste, in the way shown ? Certainly an abandoned fridge looks like fly-tipping to me.; the large number of unconsidered tyres, timber and concrete sleepers and whatever else seems wholly unreasonable. Who owns the driveway through the forestry company's demise ? It's assumed to be theirs, but no evidence is provided. Who maintains it ? It is long... Other things that aren't explained. You say your vehicle is not roadworthy and only used for moving wood. Where is this wood moved from. If you have no vehicle, the trains no longer run, etc and the nearest road is miles away, then how do you get supplies ? Taxi. walking, bikes ? I know you are growing your own veg, but the small bed is not sufficient - you at least need to buy seeds etc. Let a lone supplies of loo-roll, soap etc. Does a local shop deliver this stuff ? The chain and padlock etc are hardly going to be in stock nearby ? How are these got/delivered ? How does the delivery van gain access and turn around to return to civilization ? Similarly, how does the Royal Mail / Parcel-Force / Amazon etc deliver things to you and turn around afterwards ?
The 'white strip' has already been explained by the landowners. It is not a track, it's hedges and trees. A simple map reading exercise of the ordnance base map to the cadastral map shows this. The waste was dumped and illegal landfill was operated by the previous occupants, not the current landowners. The land where the illegal landfill is buried is registered to the forestry company Caledonia Forest Land Investment Limited CTH5589 and they know about it...................A contractor for Scottish Woodlands who manages the forest for the forestry company helped the previous occupants bury it! It was the current landowners that reported it to SEPA but no action taken...................
Public access to it is on foot only, via the pedestrian side gate which (from their videos) appears to be outwith their property and therefore not in dispute.
Watched a few of your vids and was thinking why are BTP there? Surely it's out of their jurisdiction? Then the penny dropped. That's why they are claiming Network Rail 'own' the contested land because if/when it's proven it's your land, any BTP presence, actions etc basically become null and void and in fact illegal. That's why they've opted for the court battle to try claim it as 'railways property'. Keep up the fight. ✊
Erm....the padlock was on our chain to our driveway and within our boundary. They damaged our lock to remove our chain that was lawfully securing our driveway to trespass on our land without the legal right to do so. NR don't own any of the cattle grid or post. They committed criminal damage.
@@derek763 'Keep locking the pedestrian gate' - It's unlocked and the public visit here regularly! Stop twisting things because you and your troll friends have been proved wrong yet again 😃
I'm not clued up on this stuff but get solicitors involved, take this as an opportunity to make money, you own part of the land and must pay you to use that land
I think now you have had a survey all your trouble should be over. If i was you i would be building a new fence with a lockable gate and 24\7 cctv. Also taking civil legal action for costs of survey and the mental pain and suffering.....
So did the solicitors acting for network tail produced in court the title deeds showing the land belongs to them. When if it exists was the title registered. Before the previous tenants or after you brought the property?
Aggravated trespass is a criminal offense that occurs when someone trespasses on land or in a building and intentionally: Intimidates others from engaging in a lawful activity ------ (which they have done to you) Obstructs or disrupts a lawful activity ------ (which they have done to you) The maximum penalty for aggravated trespass is: Up to three months in prison, A fine of up to £2,500, and Both a fine and imprisonment. - (maybe different where you are)
As you are a knowledgeable man on law' can i point out this is a corporate they are dealing with' no individual will be found guilty & £2500 is peanuts to them .......
@@madmaniac360 : im following this anyway i do hope they get a fair deal , things like this happen all the time people being ridden roughshod over' look at the HS2 shambles people turfed off they're own land & paid a pittance for what it's real value was .........
A lot of people noticed that his letters were less than articulate, although he did confirm that the driveway is within our registered title. Also he kept us waiting and didn't return emails or phone calls, but it ended up for the best, the new surveyor was awesome and very professional.
*We would like to thank everyone for their support, we sincerely appreciate it, thank you.*
Our Gofundme is to help with the things like the survey and legal expenses.
www.gofundme.com/f/588854-altnabreac-cover-up
why does the rope mark a 90 degree angle? it seems like one fence post would be outside of your land markings, the part where the chains were cut if this rope is to be believed.
I would go to court & ask for reparation of costs plus interest & costs for anxiety & stress to be awarded to you for their bullying tactics. ( I saw P2 as well.) Where you ARE PROVEN TOTALLY CORRECT. Cops were just told this was the bosses decision go. SO SAD.
@altnabreac absolutely commend you for engaging the services of a civil engineering firm to survey your property and place temporary markers. I encourage you to have permanent markers placed by the surveyor.
If you haven't already done so have an Engineering firm draw a current plat map of your property that includes permanent landmarks. Have a solicitor file a certified copy of said updated plat map drawing with the court.
I think the rope is only a rough guide to the boundary for us to see. If you look at the fence you will see there’s a wooded peg banged into the ground right next to the fence showing the boundary line. Also you would have to line that peg up with the next peg along (which is shown in another video) so until you see them lined up we don’t know if it goes off in an angle or not.
But going by the gentleman who owns the land. He mentioned that the other side of the grid is owned by an investment company and another bit by the School House.
Land disputes seem to drag on forever and drain you of a load of money. A relation of mine had a dispute over 4 inches of land down the side of there house which delayed there sale by months.
@Du1uxDog I see wooden stakes as temporary markers. Wood decades faster than metal will corode or oxidize.
Permanent markers are usually rebar or iron pipe.
Why are Police getting involved in a civil matter, this stinks.
British Transport police.
If someone right now stopped you from getting to your house and said they owned the land, who would you call?
@@AlmostLastJedian ambulance!!
to come and pick the beat up guy left at the gate,
I'm sure it comes under "Keeping the peace".
@@AlmostLastJedi If you had a dispute over land ownership with your neighbour and called the police, do you really think they would even turn up for a civil matter, let alone get deeply involved?
excellent. I hope you sue network Rail and BTP. Make them pay.
Thanks very much for commenting 👍
I'm sure the homeowners will and what's more they shall probably win, however the wrongdoers will not suffer any personal consequences financially or loss of position. In the end taxpayers and rail users will pay for this. The bad publicity is probably the best weapon ordinary people have against these corporatist entities.
I would put chain back up and if they turn up again tell them that they will be charged with trespass and inform the police as its a civil matter they can't cross until it has been resolved in court
@andrewtrip8617 so what you are saying is that it's OK for them to bring big machines onto your land without your permission public right off way is defined as passing through as they would have to ask permission to big equipment onto there land
@@ianflynn2353 I've had a lengthy boundary dispute myself, albeit under English law, plus a Right of Way issue, but rights of access are slightly different, often contractual and outlined in title deeds, as Covenants.. Right of Way (for the public) is Access and Egress, that is a way in and a way out, has to go somewhere, rather than come in to a garden for example, then leave.
This reminds me of the Post Office , big company trying to “ railroad “ the small man with unlimited public taxpayers money.
What people may not know is that this sort of corruption, threats, etc, is endemic across police, civil service, agencies, etc. They know they will get away with it, and even when they are losing, they will create an 'offence' just to ruin you life. The judiciary are not interested as they are required to keep their successful conviction rates as high as possible, other wise their careers are sidelined.
I see what you did there.
And still haven't paid the post office workers the Money owed .
This is good news, best of luck with all your endeavours.
So pleased to hear you’re making progress again the big corps who have pulled the wool of so many people’s eyes in the past! 👏🏻🤘🏻
I had a dispute with neighbours and had to get a surveyor in.
Our surveyor drove a rebar painted blue like 600mm deep, flush with the ground.
I was told to put in my own pegs at a distance to triangulate the surveyor peg in case it was removed.
I 2 of inserted my own pegs about 3 meters away. It was good enough to find the surveyor peg again.
I can tell you that I needed this when I discovered that someone removed the blue pegs on one side of my property.
As a former BR/RT/NR employee we always argued against selling stations and the surrounding areas.
They were sold of by RT a costly mistake you shpuld never sell railway infrastructure and access to anyone.
As I understand it NR can apply for a CPO and reclaim the property at current market rates. I am really hoping some at NR does this and send these two scroungers packing.
It was sold. Its privately owned. Bought in good faith.
Why arent the local elected officials acting on this. Its authoritarian madness.
@@pjmccrackenhow do you keep your breath fresh after eating so much NR arse?
@@pjmccracken You're Mum was obviously a great weight lifter to have raised such a dumbbell Phil. 🏳🌈
Yip, we can all see you have had a cushie job for many years from us tax payers, I can also guess you had shares in RT .
I have accidently come across this channel. I am no expert, but a fan of disused stations as my Uncle owns old station buildings in Scotland. Anyway, I happened to just glance at old maps of your area..... OS six inch 1888-1915, OS 1:25000 , 1937-1961, OS 1:25000 (Outline) 1945 - 65, OS 1:1 million - 1: 10k 1900's etc etc and they all back you up with the boundary you state. Unless they have been wrong since 1888, then it looks like Network rail are trying to pull a fast one. Good luck in your quest and at the end, I hope you win a substantial sum for the stress.
Thank you for your comment and support. It is greatly appreciated. Liz and Ian.
Thanks for your comment, appreciated
Good move getting the boundary confirmed professionally because it should be accepted as a professional survey document qualifying your property boundary.
Thanks Jon!
I suggest that you invite Network rail advising of this development and invite them to make an offer of compensation for the aggravated trespass and false claims of ownership of your property which caused you harassment, alarm and distress. You could also ask for their proposals for seeking permission to access your property for any future work that may need to be done. Further ask NR to explain the precise basis on which they accessed the property under the previous owners and the precise basis on which they changed that arrangement.
I suggest that you also write to Plod and invite them to comment on their actions which were based on a total misunderstanding of the legal position of ownership asking them to provide the evidence presented to them that allowed them to make such assertions with threats of arrest which also caused you harassment, alarm and distress.
In both cases you could add that you are giving each party the opportunity to remedy fundamental breaches of your property rights and that any further action you take will be determined by their response.
✓✓✓✓ do this.. exactly
Great comment, thank you 🙂
Not to mention reinstating the parts of the property where they have built a path back to how it was, and replacing any trees that were on your land and removed
@@ALTNABREAC As a lawyer, not an internet trained lawyer, albeit not licensed in your country but in Australia may I offer a suggestion? Before listening to internet commentators: Call a lawyer. Do not offer them a cut, that's what they'll want if they're corporate focused.
@@bashkillszombies "better call Saul"
Wow Network Rail are really showing there True colors with the bully boys. Mr Smith won't be so when court decide the land belongs too you.
I'm following this with great interest unfortunately I'm not in the position to help fund your fight.
Hope the outcome goes well
Thanks for your support in comments, it is very much appreciated. Thank you.
I hope you get compensation for all the time and trouble Network Rail,have put you both through Ian. All the best from Queensland,Australia.
Hey, thanks for the kind words, very much appreciated.
Hopefully you can sue and cherry on cake is these horrible people will be online forever
The big problem is that the Railway Company's sold off so much land, but they didn't think it though. It's happened up and down the country . Sorry I can't send any money as I am a pensioner and you know what the Government have done to us. Good luck with your fight. Willy.
Hi Willy, just by you commenting on this video supports us, and we very much appreciate it. You have a lovely weekend and thanks so much for watching. BTW We are against what the government have done to you, are you managing to stay warm and have food though?
Dear sir and madam, i am of the same opinion as Willy and pretty much in the same boat. The blatant chicanery and skulduggery of some people involved in maintaining that you don’t own the track is clear to any “reasonable person” (as described by Lord Diplock in the case of DPP v Camplin). Do they honestly believe that they can ride roughshod over what is your boundary or curtilage of your property and has been defined by the qualified surveyor, do they even know of the expression “due diligence” .
If they continue to harass you with their egregious and clearly erroneous claims then they need to be taken to the highest court in the land, it’s a matter of principle and also that right will and must be done , as in the case of the Winslow Boy. All the best to both of you.
Willy....I am a wealthy pensioner and I consider it a prudent move by Kier Starmer to stop giving free money to people like me. If you really are poor then you will still get your free winter money.
correct me if I'm wrong but Network Rail aren't claiming they own the land are they? Instead they are claiming they have right of access over the land.
That's a very important distinction.
@@panman1964 No, they are claiming to own our driveway. They clearly say this in the other videos.
It took us 4 years to resolve a land registry error, took it's toll on us but that was in England, fight em if you're right.
I'm confused as to your claim, please correct me if I've got it wrong, I'm sure that during one of your earlier videos of the NWR workmen starting work as they were taking down a fence and cutting down trees and bushes in the area of the new path you stated in that video that they were taking down your fence and cutting down your trees on your land. I'm sure you videoed areas of land where the new path was going which included a washing line drying area
That video to me suggested that NWR were laying claim vast swages of your land, which got my dander up against NWR but now in this video its about the drive.
Don't get me wrong I am on your side but I'm now unclear as to what injustice I'm supporting you on ?
May I suggest a video of you walking your boundary and showing the whole area at eye level with reference points using buildings and the new path will help to make things more clear to a thicko like me.
Best regards
You’re not a thicko at all. They are ignoring this question on mass scale it seems and have mislead everyone in regards to the wooded area where the path was built. I supported them at first but I’m quite annoyed that they told us they owned that area when it’s clear they did not. The damage they claimed the rail company did to their property was probably a major factor in people supporting, and none of that was even true. They need to explain why they said that, because if it was just a mistake they need to issue a correction, otherwise it’s clear that was all just to draw an emotional response from viewers
Clear nonsense. As if network rail was ever going to sell any property without retaining a right of access to maintain their infrastructure. Clever editing and half information.
As the ownership of the land is in dispute I cannot see how the pursuit by either party will resolve the issue. This requires a determination by the Court, pure and simple. Boundary disputes are one of the most difficult areas as far too often the Land Registry Title relies on vague definitions, often by a red line around the property, which at scale is over 1m wide. In our digital age and with the technology available it should be incumbent on a party selling the land to provide accurate location information by fine detail map references that are then checked and confirmed by neighbouring property owners. At present the Land Registry, far from defining the true ownership of land as it is supposed to do, still leaves it to property owners to fight it out, each probably citing the LR vague mapping as definitive.
I believe the station building was first sold in the 1960's and the station area 'carved out' as an island within the wider land. How does the 1960's title deed of your house describe the boundaries? Let's hope not, but It's perfectly possible for the land to have been incorrectly registered, and comparing GPS co-ordinates with a land registry plan would unfortunately be immaterial if the land wasn't registered correctly in the first place.
My understanding is that any surveying needs to be relative to a point of reference which exists on the title deed, and the surveying should be aiming to clarify things relative to the title deed, not the land registry plan.
Did you verify the 4 other limits ? Is the SouthWest limit matching your expectation ?
Did you cross check with the result of the land surveyor with the size and area of your land ?
Good luck. Watching with interest.
Thanks, we will update when we can. All the best
( BTP ) DONT GO ON YOUR OPINION GO BY THE LAW... ( BTP ) ENFORCE THE LAW NOT BE A LAP-DOG TO CORPORATE CORRUPTION ...( BTP ) BOW YOUR HEADS IN TOTAL SHAME & YOU WONDER WHY ?
Thank you 👍
Sorry if someone has mentioned this already. Registered titles mark general boundaries, not the actual boundary. Best to check the actual property title. If you dont have this it will be with your morgage company and you can purchase a copy off them. It is known as 'paper title', this still needs applying to site features. So, NR might own that land or have rights of access and a conveyancing mistake shows otherwise. Or the oppostie. The professionals involved should have picked this up.
Also the title deeds not only show ownership but any other caveats like the rights of others to “pass and repass” over land to reach other owners land - which is very common on tracks and roads leading to somewhere where you have to travel over adjacent land owners land to reach your destination.
Fantastic result. Network rail will still try it on. Good luck 👍
Thanks 👍
Look at the title plan. The white strip which SR claim and is not disputed is only about 2.7m [9'] wide - about the same width as the house-extension with the door. In the films of the cattle-grid and driveway/house the gap from the edge of that extension to the white strip is about 5.5m [18']. Note that all dimensions are estimated on the visual evidence and proportions in plan. it seems to me that about 3m [10'] of the driveway [gray] up past the shed is inside the title boundary. However a strip of the drive-way [which is the white strip], that is SR's, initially takes up a bit under half of the driveway's width along the trees/bushes [approximating to the worn 'rut' in the gravel along the grass-verge/tree line, and then bends slightly away from the house, widening to around 3/3.3m [10/11'] at the station end. In fact the line demarcating the boundary is approximately in line with the lamppost by the platform and a line of plant-pots on the drive. So, the SR's strip [white] is a narrow pathway along the edge of the house's supposed driveway, while the house's owned driveway is a somewhat wider strip, widening after the shed. That is to say that two owners in dispute have a limited width of access past the shed, but of course the house owner could sacrifice same of the grassed area by the shed for a wider drive wholly within there cartilage. SR could widen their [white] access into the tree/bushes. It's suitable for pedestrians etc, but probably too narrow to get anything but domestic sized vehicles down it as it stands. I am surprised that there wasn't a legal agreement tied up with the land sales allowing some access over at least some of the house's driveway up to the station. The path built by SR perpendicular to the drive-way seems to fall entirely within their land. The matter of the cattle-grid and side gate is weird the splayed boundary lines offer both land owners restricted with access - about 1.7m for the house and 2m for SR, with both owners needing access over the cattle-grid which is owned in the main by the forestry company who also control the access round up to it - which incidentally is drawn about the same with as the hose's drive including the SR white strip. The splayed boundary is not reflected by what's on site and needs clarification, currently as built [by whom?] it provides about 60:40% of its width for SR:house. Surely there must be some existing legal agreements in place between all three parties, allowing 'shared' access through this pinch-point otherwise it's unsatisfactory for the house/SR. The householder could erect a gate over their 40% of the cattle-grid, thwarting SR's reasonable width access, conversely SR could block their side with a gate, but that might be petty with neither side winning. oddly the side gate to the cattle-grid is built entirely on the forestry company's land, as is the access path to the side of the driveways to circumvent the grid - as is clear from following the splayed boundary line across this plan area and in photographs. The new path SR built seems to just miss this boundary oddity, but might infringe slightly nearest the grid/gate. So SR do NOT own the house's drive, but SR probably own a strip of it by the trees. Without agreements it would be unsuitable for heavy vehicle access. The cattle-grid access rights need to be agreed by 3 parties as currently it suits no one. I hope this 'second-opinion' helps you all get a resolution that's mutually satisfactory. SR have been very heavy-handed, but the householder obstructing their access across the cattle-grid was wrong, even if the share of its width is narrow they could move small plant and machinery over it. SR should not have claimed to own the whole drive-way, although they might have some agreed rights of access that have not been presented, but failure to do so by them is unsatisfactory. The BTP can get involved in trespass issues, but they offered no real proof to the householder as to why they believed SR over them. Both SR and the householder are wrong to some extent. Surely SR must have something that they can provide to the householder regarding extended access rights along this edge of the drive - SR certainly don't own the whole driveway, the plan is clear on that.
Sounds like the kind of wrap up a good judge would deliver. Good job sir.
It would not surprise me if NR when they loose the case, come and cut down all the trees next to your driveway and put a driveway next to yours.
Well thery should of done that in the first place, but they didn't, they have bullied and harassed this couple because.
A. They think they own "access", but they don't.
B. See A because it's easier
Just looked at the first 4 minutes and am confused already. On the plan it shows a 45 degree angle on the corner of your plot. However the angle between the orange rope and yellow rope is 90 degrees?
Well done, the big corps think they can walk all over the "little man"....they cant, not if we ALL stand up to them...right prevails 👏👏👏👍👍👍👋👋👋
Please keep us posted on any new developments
Will do, thank you for commenting! Liz and Ian.
I'm really interested to see how this progresses, because their solicitors and upper management drafting in workers and police while ignoring a legal challenge to land is just disgusting. Its so clear what they are doing, clear as day.
Sounds like either NWR own the lane and you have an easement or you own it, and they have an easement. Either way they would have access. Can’t see possible adverse possession (ie exclusivity) so only leaves incorrectly recorded on the land registry - so a court matter
Network rail are in the wrong as is shown by this couples survey plane and simple they are being bullies and its network rail who have fu@ked up
Will be following you both until the truth prevails
Ahhh good stuff, you took my advice getting a cadastral surveyor to peg your boundaries. He should provide a plan as well of that pegging. You can use that in court .
The Torrens system is a wonderful thing.
The paper title would generally show if there is an access allowed to a third party - in this case network rail. If not, then that’s on them to provided adequate compensation for actual right of access, not an imagined or implied one. Now remember, it’s BR or NR that sold the property in the first place, and if they failed to make it clear that they would maintain an access post sale, then tough luck on them. They know you can basically charge commercial rates on land theyd like access over (it’s called a ransom strip for a reason) and my guess is that the deed doesn’t allow for access and they know it. So in steamrollering you, then they hope you’ll run out of cash to fight them.
Stay strong.
I'm Australian. I had the pleasure of meeting people from Registers of Scotland at a conference of land registration authorities quite a few years ago. My recollection is that the land title registration system in Scotland is very sound, well regulated, and transparent. I'm quite surprised that the police and rail people you are dealing with seem to have no interest in the text of your title and the referenced cadastral information.
Regarding your current court case, it appears that the police and rail people are challenging the Registers of Scotland (ROS), and as such ROS should be joined in the court action. I hope you are able to establish that point with the court and with ROS.
I do hope this is resolved quickly now that you are at court. All the best to you, and may you prevail.
Thanks for your comment 🙂
@@Nigel-f8w yes I am familiar with title plans and mapping. I have worked in the office of the Registrar General and Surveyor General of South Australia. I have worked in the field with surveyors, and I've prepared survey drawings of land surveys that I assisted with. Where I live the Certificate of Title is the primary source of land ownership. It references a Deposited Plan in the Surveyor General's repository. The Government guarantees title based on those two documents.
My understanding, having spent time with people from RoS, is that the system in Scotland is very similar.
I haven't seen the plan. I'm confident the Surveyor who pegged the boundaries recently has accessed the property data.
Can you please explain what your point is?
@@Nigel-f8w unless the cadastral map is referenced by the land title it has no legal standing as a definition of property ownership. Cadastral maps are descriptive rather than definitive. The property titles, and the survey plans they reference, are definitive. That's their purpose - to unambiguously define each property along with any and all interests in that defined property.
All interests, whether they are liens, mortgages, rights of way, encumbrances, etc are declared on the title (including the referenced survey plan). If not, they do not affect the propriety of the parcel of land.
All of this should be considered in the court case. There's no point arguing on social media about cadastral maps and the like. My point stands - that this case should enjoin the ROS, the authority entrusted by the government to define the Interests in land property.
Will you apply for costs and compensation. When the courts find in your favour?
Well done for standing up to Network rail and the smug creeps who work for them and the police hierarchy who obviously are in co with them, sue the lot of them! There a disgrace and you are heroes!
Question. You own the driveway. But do the railwaycompany have any right written in some document to use your driveway? As in ”right”/”easement”. If not. You have been violated.
@@amandawoodward6598 I think it also says vehicles not over 4 ton
@@amandawoodward6598 do you have a link - looking at this from the outside it seems pretty clear that even if the land was sold off, NR believe that they have a right of access - which would not be unusual. I'd be interested to read what the Title docs actually say.
I'm not a surveyor, but as I look at the map with the red arrow it appears to me that the point of the arrow is on what you are referring to as your driveway and the tail of the arrow is in your property. So, unless you have an easement where the driveway is, it cannot be considered part of your property, per the survey. I don't know who/what owns the property on which the driveway resides, but, as I said, unless there's a legal easement stating you have access to this driveway you are in a world of hurt, or in other words, you're landlocked, altho' I can't see the rest of your property to see if there is access on any other side, etc. Good luck is all I can say to you.
The whole driveway is within our registered title. We do not need an easement over our own land....I'm not sure what you're looking at but you are wrong.
@@LizAltnabreac-u8h I'm happy I was misinterpreting the map and that the entire driveway in on your land. Land squabbles can be very stressful and I hope this is entirely behind you.
I'm proper happy for you guys to now have evidential proof of your boundary, hopefully the YT comments section solicitors will now wind their necks in and realise they aren't solicitors
Yep, congrats guys! 🙌
Keyboard Lawyers "Trolls"
Thanks for your kind words, they are appreciated 👍
@@andrewtrip8617 It must be really nice being a cynic and never wanting other people to have some success, you must live a really happy life
@@andrewtrip8617 Well technically right of way doesn't apply to private houses and garden in Scotland for one. I also don't think you understand what a cynic is and why you have drawn the conclusion I mistaken realist, fantasist and cynic. I chose that word as from your rhetoric, that is how it appears, for example "Success at what exactly". If you would like to go into the philosophy of that I am happy to oblige. If anyone wants to waste their money which I don't agree they are, but, lets for arguments sake say they are, that is their prerogative not yours or mine. If anyone wants to make content or as you call it entertainment on UA-cam, then again that is their prerogative not yours or mine. Now personally I want people to be happy and be successful in their lives, I don't want people in anyway to have bad or negative things happen to them, now I would argue that your rhetoric is very negative and not positive, you clearly don't want these people to be happy hence your negative responses. What I will ask is why you feel the need to be negative to these people whether you personally believe its a realist position or not as being a realist can be extremely negative and we have enough negativity in the world without adding to it.
Shame on network rail and the bully boys at btp, karma
Indeed, thank you 👍
Not trying to be critical but two things hit me 1.the running line was there a😊 long time nefore you moved there 2. Why didnt your solicitor mention this during the conveyancing which is their duty bearing in mind that it has a running line which must be maintained to retain line speed and is part of DOT requirements and because of this i dont think you have a case and 3. Who has maintained the driveway you or Network Rail.
Network Rail access the track weekly using a rail car. The driveway belongs to us so of course we maintain it.
I've been where you are. When you are fighting a bully the only solution is the courts. ££££££. These bullies know this and that's why they are pushing.
Just a small point and I'm on your side and wanting to help, but technically the chain and lock that NR cut, were on the other side of the yellow rope, so that means and correct me if I'm wrong, they were cutting a chain and lock that was on Callodoian Forest Land Limited's property, so no criminal damage to your property then?
Its suspicious that they cut the lock and chain right over on the Caladonian Forests Land Limited's side of the driveway and not in the middle or on the other side. That sugests to me that maybe they really did know exactly where the actual boundry was.
This doesent excuse the trespass on your property by NR staff, NR contractors with machinery or BTP deciding on a civil matter which is, do NR actually own your the driveway as they claim or BTP threating to arrest you for parking your car in a driveway whose ownership is in dispute.
The correct course of action for the BTP wold have been to advise both parties that they need to seek a court injunction before either commencing or preventing any works and then BTP should have left the site.
The chain was on the house side of the cattle grid (see eg 10.30), because the property owners knew that part of it is theirs. Access to the station is a public right of way, which they don't dispute, but Network Rail access is to the side of their private vehicular gate. They've stated they will negotiate access but NR don't accept that they don't own the land (so believe they can access the drive without asking permission).
My understanding is that whilst I agree with you that the padlock was outwith the couples now defined boundary, it was still their property and should nit have been deliberately damaged. If I parked my car on your land, you don't get to damage it or cut it into pieces just because it's on your land. In this case it is still not NWR's land, but is the Forrestry companies land. Therefore, even if the land owner gave permission for network to access this tiny part of the land outside of the yellow rope, then NWR still don't have any authority to damage the property of the couple. Perhaps the BTP could have instructed the couple to remove the chain or face arrest, but the police officers attending didn't do that. This never sat well with me when I watched that video of the BTP only threatening to arrest Ian if he didn't move his car from blocking the drive...the exact same drive way that we now know they fully own. But he never ordered Ian to remove the padlock and chain. He just stood and watched NWR commit deliberate criminal damage to the couples property and then allowed NWR onto the couples land with plant the weighed more than 4 ton. This still makes no sense to me! As a solution however, I would for sure put my own gate post bang on my boundary (yellow rope) in line with the existing gate post and if that made the entrance too small, I would make it a removable and lockable steel post. You can easily fit it yourself. Dig a small hole and concrete it in. Job done. Let them try to cut that off in any future unauthorised attempts at accessing your property.
@@andrewtrip8617but they didn't do that. The public right of way is via the foot gate to the side of the cattle grid, and presumably runs where the hedge currently is. The couple could now fence their boundary off, without limitation to the public right of way. Perhaps NWR new this all along and that is why they built the new path to the platform.
Well done to both of you for sticking with it. Maybe you should claim, once it has all be sorted, for the distress and fees THEY have MADE you go through!!!!! Maybe you should claim against both NWR and BTP :)
Thanks for the update. Call me cynical, but at around 16:10 on this video, it shows the surveyor plotting the Eastern boundary, neatly past the end (or beginning) of the new NR footpath. It's almost as if they knew exactly where the boundary actually was! ;)
NR have known all along we own our own driveway. They tried to steal our land and hoped we couldn't afford a surveyor and wouldn't go to court but thanks to our supporters helping us, we got a surveyor!
Have a look at the ground under the peg by the cattle grid in the video. They buried a cable there and they have definitely caused damage to part of our registered title. 👍
They probably do know who owns the land, but have a registered right of access. I unfortunately have a number of rights of ways and easements giving various companies the right to do work on my land. The power company have an underground cable which gives them right of access at any time and I can not cover it in any way, ie pave over it, store anything on top of it. From my understanding they own the "driveway" up to the cattle grid and have some kind of Easement or Right of Way in order to carry out the work on that footpath.
@@thedogsdiddies8421
If that were the case, NR would have produced evidence of easement (or whatever they're called in Scots law) and resolved the dispute ages ago.
Not necessarily, it costs money to do these things and most people won't fight it. In my experience its best to work with them unless you are absolutely loaded and have money to fight them, but make sure you understand the law and things like rights of way, easements, etc
Shay checking in from dublin Ireland thank you ❤❤❤❤❤
Hi Shay, thanks for commenting 👍
I've just found this randomly. AND, I'm all for justice, etc but I can't see what Network Rail want to DO on your/the land?? Just pass by to get to the track? Install some equipment? Would it be something permanent, done daily or once in a couple of years? Can't you just allow them access???
Exactly this, they just want to get to the platform (which NR own), do an inspection, fit a bike rack, some comms equipment and a remote control button to request the traisn to stop. Until the platform can be inspected, they can't have stopping trains, so many walkers and cyclists are unable to access huge areas of the land becasue these two twits won't let Network Rail get to the platform to do work for the public good.
NR need to do things lawfully. We have always shown a willingness to try and work with NR and even offered to grant them a temporary access licence a week before these videos. NR ignored our offer and instead chose to falsely claim to own our driveway and used their biased BTP officers to threaten to arrest us for trespass on our own land if we tried to stop NR coming onto OUR LAND. BTP gave the workers the nod to cut our lock to our chain to our driveay! Totally unlawful.
They are claiming to own our property. Would you give them your driveway or land?
@@itsverygreen532 NR need to do it LAWFULLY! If they decide to act honestly and do it the right way, then things may progress. How can you not understand this!
@@Carlos-im3hn For someone who supposedly lives in 'California' you sure seem to know a lot about NR's and Scotrail's plans.....shill me thinks!
Please forgive my ignorance and lack of knowledge but can you please help me with a couple of points?
1) What exactly are NR trying to do and why are you stopping them?
2) What will happen after they open the station again? Will NR still be asking for access via your driveway and what will that mean?
3) Who owns the land beyond your driveway? If it’s NR, could they stop you accessing your land?
4) How do you want this to end/conclude?
I hope you don’t mind me asking but I’m a little confused by the situation. I hope this gets sorted soon for you.
@@andrewtrip8617 I seem to have joined the party late and don’t understand fully what’s going on. Are the couple asking for a fee to allow access? I can’t understand what the original issue is and why it’s blown up. If NR use the path and cause any damage then they would have to make it right after the work has finished. I’m proper confused! 😳
Keep up the good work you will win in the end
I think the key is actually the land to the north-east of your house. Given the title plan is definitive, if NR did own the track then there would not be a small area of lawn next to your house. So the plan needs to be interpreted to include that area, plus an area of lawn near the building that is near the gate. You can then fill in the boundary.
The surveyor really should address the bit with the arrow, since that is the whole cause of the problem. Even if just to say that it once was an area not covered in trees and hence that's why it appears as such on the map.
It's interesting to go back to the 1900's maps and see how the road layout was then. maps.nls.uk/geo/explore/side-by-side/#zoom=19.6&lat=58.38800&lon=-3.70564&layers=6&right=GoogleSatHyb - It's not quite lined up, but again it shows what the original road does go up to the side of the house.
Even if you 100% "own" it.... They can still have use of it under the right "circumstances" and can "pass and repass etc".... Been there, done that and got the T-shirt.
Neighbour thought he was right and we were wrong.... Unfortunately, we were basically right and he was 99% wrong.... As proven by the barrister and ruled on by the judge.
2 years of life wasted.
..... Oh... And it was fruitless to him in the end as he had to sell his house to pay our costs aswell as his own.....
Rail company are claiming to own it, and not right of pass
That’s all this has ever been, another case of the big company trying to bully the ‘little people’. I hope you can make them pay compensation for criminal damage. And it would be great if you invited mr smith and the two cops back to see if they can acknowledge that they were totally out of their duristiction. And to all the trolls - Game Over
Thanks for your comment, appreciated.
Thank you for keeping us updated ❤
Thank you for your support and encouragement ❤
Hope you get a very good financial settlement.
Thank you 👍
you can see Network Rails error and it was on there maps all along there access is where those trees have all grown that bit of grey track is right next to your land - they have made a major massive error and stress and hassle and abuse you have got from Network Rail and BTP is unreal when someone realises this they are going to be swearing under their breaths somewhat !
And this is absolutely correct, I worked on the railway for many years including pre privatisation, the first thing that went was maintenance of the track sides and vegetation control, all those trees that have grown are seeded not planted, that is their track, if you want to call it that! It's plain as day and maps, title plans etc and yet they are blind to it, there must be some old photos somewhere that rail enthusiasts have taken which will show that area of land before the wild growth of plant life took over. Network rail are like ground water, they will take the path of least resistance, first they thought they could just by-pass you and secondly instead of clearing all that area in the other side of your boundary and creating a straight path( which of course would cost money getting all the trees out) they just chose to cut a little segway and lay a path over the top of clear land. Quite ironic in a way because when the railways where first designed they followed the path of least resistance by following contours of the land to save of digging, hence why we have bendy railways.
Glad you can see that, you said it how it is, 'Major massive error' 😂👍
Love that you now have the Truth and its proof your not some nutters from the wilds, that you have a fully mapped out boundary...Happy days, sit back and smile your legends and stood firmly on your ground and it is your land so lets see what the fools parade will say next! proper job, I shall be raising a dram to you both tonight! one love Ian and Elizabeth
Thanks for all of your support my friend.
❤ the ball has started rolling now, well done best of luck and big love from liverpool ✊️
👏
Excellent, that is one step completed. No doubt NR would like to engage their own surveyor, but can’t see type result being any different. The next step maybe a court to decide on access rights of NR. Anyway thank you for the enlightening update and good luck for the next step.
Wishing you two, all the best ❤ Oh and lovely chickens 🐔.
Thank you, yes Liz loves her Chickens 👍
Great news. Hope fully you can start the process of recovery via courts against NR and BTP. We'll done.
Thanks very much 🙂
legal action should be taken........shocking bullying tactics
Oh yes 🙂
What you should do is threaten to sue the solicitors involved with your purchase of the property just to stir up a nest because if what NR are saying then your solicitors are liable for failing to check all surveys & reports while concluding Missives for purchase of your property, easy peesy, once you threaten them with this because NR say different then your purchasing lawyer will HAVE to look into this to see exactly who owns what, so either NR have f****d up or your lawyer f'd up and your a victim in all this, don't give in because you've done nothing wrong
Hi, yes we were advised pretty much the same as what you are saying. Great comment, thank you 👍
Keep it up. you're going about this the right way.
Thank you 👍
Great. Can you possibly confirm the source of the measurements that the surveyor used? I dont think that the maps you have posted showef these. Another channel (!) Does have a map of your title with measurements. Dont know ifvthese were the ones used - or even if that map is accurate. Be great if you can clear up the source. Cheers!
Thanks for the comment, like I said in the video, the report is for the solicitor and court first. We will release the full report when we feel is the right time.
I think i would be following on the fence from the cattle grid on the east side and down the track establishing exactly what is mine and on my land. Then cut out an access public footpath for the access.
If anything going off the peg before there path looks like they have installed it over the boundary to your land all be it only a few inches but given how they haven't treated you two very nice its just something to add onto the upcoming lawsuit.
Thanks for commenting 👍
Is there a chance that the track has moved over time? Currently it veers in the direction of your cattle grid, because you are using it, it looks like this is where it always has been, but there is a big space where it could once have veered towards Network Rails land. Although your boundery towards the station is covered in trees, it only takes 20-30 years for such growth, and this may have been the previous "track" based on your surveyours markings. Just a thought. Would help if there were photos of the area from when it was NR's land to see if this is the case. It would also explain why NR are adamant it is their land, basing there calculation visually on how it looks today.
Just adding to this, in my arm chair investigator role. It appears from a title plan of 2014, the original access road was on the other side of the plot, and appears subsequently a new access point to what would have been rail tracks access road was added. So who ever added the cattle grid has started to use rail tracks access track. This supports the tracks alignment being slightly further east, where the pedestrian gate is and in that direction. Therefore I feel that Rail Track are in the wrong here, they need to reinstance the track to the right of the cattle grid. This is backed up by where the survey put his markers. I feel the previous owners either added the cattle grid, or came to a verbal arrangement about its position with either the land owner or Rail Track and probably didnt mind rail track or other people accessing the station via their land, but since those people are long gone, no one can tell the tale. Here is a link to the 2014 copy of the title drawing: media.rightmove.co.uk/51k/50722/30524007/50722_RUR140191_IMG_04_0000.jpg
In this video you show the boundary of your land pertaining to the cattle grid and driveway, the orange line shows the limit down the cattle grid, and the yellow line across the cattle grid. Your padlock and chain extended beyond your legal boundary, as noted by the yellow line, so you are trespassing on land that is not yours, as you say in this video it belongs to some forestry commission, who also own the rest of the driveway beyond your orange line.
Scottish rail may have trespassed on to your land, but the lock isn’t on your land. So it’s the forestry people that need to get involved at this point, as according to your boundary the land is owned by them.
I agree totally that Scottish rail then proceeds to trespass on to your land in order to carry out their necessary works, but don’t keep harping on about the lock and chain, as it’s actually not within your boundary. They could have sort the forestry commission’s permission to cut the lock and you wouldn’t have a leg to stand on as it’s not yours, self admission shows this in your boundary markers
Hey there ! Just came across this channel. I’ve gotten the just of the issue of the complaints etc by watching a few vids. Have subscribed. Can I ask what are NR actually doing on your land ? I mean it looks like construction, what are they actually doing ?
Best of luck regardless. The map certainly showed the land belonging to you.
Hi, thanks for subscribing. NR are unlawfully constructing a pathway to the station platform, they claim to own our driveway, but not many people ask why they are constructing a pathway if that is the case. 🙂
@@ALTNABREACthank you! All a bit clearer for me now :) I’ve asked to be notified as well, genuinely interested in your case. I like the David Vs Goliath stories ! Cmon the David!!
You did claim to own the wooded area east of the pegs ?
Two different Surveyors have shot the boundaries of our property using GPS in the last 3 years and their stakes are a foot apart. We are now measuring in millimeters property lines that were laid out decades and sometimes centuries ago using iron chains or rope. The irritating part in this case is it looks like there is plenty of room right next to the railroad track itself for them to use as a right-of-way.
What reference points were used for the measurements and what reference points are highlighted in your title deeds?
That's the problem. The old maps where drawn with reference to local features. This pair of twits are trying to use GPS data to position the old map onto the WGS84 grid, there appears to be a shift of around 2 metres between the two. The problem they will have is that the Northern wall of their propert if they persist in this will now be outside their boundary, and a right of way marked in blue on the map will run through the building itself! I doubt we will ever see what is actually in the deeds, Network Rail will certainly have reserved a right of access down the track, what they are arguing about is where the track actually is!
Fantastic news stick to your principals and hold your course well done so happy for your victory.
Thank you 👍
I hope this is an original observation..
2track policing 😮😂😂😊
Best of fortune with this from Perth.
I hate corporate bullies
Thank you very much for your support. Ian and Liz.
Well done. Persistence and courage win the day. Sue the arse off them...
Thanks very much 🙂
I went through something similar, my neighbor tried to take my driveway from me…it took three years and many thousands of dollars to resolve. We eventually won in court.
How many times has this happened in the past? Especially to people that dont have a clue regarding what they actually own? These companies use bullying and scare tactics to intimidate people that have chosen a location to create a life of happiness for their selves, only for it to be turned into a living nightmare. The stress, worry and upset to your daily lives must be astronomical! You will prevail and open a door for others to follow! Keep your heads held high and good luck with anything coming up.!! 👍💫
i don't understand why network rail would construct a new footpath to the station if they already "own"or have access along the drive?
Exactly...they knew all along they do not own our driveway and dishonestly claimed to own it to gain unlawful access onto our land. Calculated.
🎉Congrats! F*ck the bullies and thieves within big Corporations & Gov'ts.🎊
Surveyor hammered Stakes into the Heart of the NR Vampires ;-)
I'm unsure what this story is all about, what are Network Rail trying to say and why do they want the driveway or reason? Looks like you got them bang to rights. Well done 👏
Glad to see you are still standing firm against the bullying of NR and the BTP’s corrupt and biased support of NR in their attempt to steal your land.
I truly hope they learn a valuable lesson about trying to use their size to pressure landowners into surrendering their rights and that they are forced to publicly admit their guilt as well as compensate you both for the hell they have put you through.
Morning, yes we hope lessons can be learned from this. We often talk about this old man that used to run a barbers that had been in his family for ever. Well the big corporations bought the whole street to bulldoze them all down, the old man didn't want to move, they flattened everything around his little shop, he stood his ground, he wouldn't move. Appreciate your comment, thank you 👍
The truth always prevails. What cant speak cant lie.
Best of luck to you both!
Indeed, the truth does ALWAYS prevail! Thank you for your support. Liz and Ian.
In the U.S. surveyors drive long, steel pegs into below ground level so if there is a dispute, they can be found with a metal detector at a later date.
@@andrewtrip8617 if they drive steel rods they also use a metal detector to make sure they are not hitting power, cable or water lines. BLUF: It’s incredibly hard for someone to remove a 3 foot steel rod from the ground that marks your land boundaries.
In the us we use a 18 in steel rod with a cap inserted on top with the surveyors I’d number on it to make it a legal property marker.
Good, sue that smug Smith for damaging your lock, you're looking at a nice payout from both him and NR.
I was go after NR for all the stress, damage and costs you're clocked up, since they are in the wrong they have to reimburse you and fix any damage they did.
I would personal look into putting your own fence and gates on your boundary line so NR doesn't try this again..
thanks for your comment, appreciate it
Probably also move for costs (lawyer fees etc) when you win
This is excellent, let's see now if the Courts are honest on this occasion and accept the irrefutable Fact that this is indeed your property. Perhaps an FOI request regarding the sinister meeting between BTP and Network Raii and or their legal team in which they came up with the lies about who has ownership of the drive of your property would be prudent
Establish which stakeholders were invited, attended and who should have been consulted who was not - you, for instance. Regard that meeting as an internal corporate NR/BTP meeting which would have been an internal echo chamber for them to agree among themselves they were correct and you were wrong - don’t worry about it. They make the process itself a punishment by the way they act and it is deliberate and bullying.
Great advice, thank you! Thank you for your support. Liz
Costs, politicians and police will still support network rail, there is no doubt about the corruption in this country
You will not get anything from a FOI request between a client and their legal team in terms of what was discussed at a meeting. At best you might get their recommendations .
@@robotsonmars1989 the police are not a client, they are public servants who must remain unbiased and they most certainly were not that in this instance, in fact they appear to be fellow conspirators. Now legal advice for Network Rail from their legal teams is obviously not suitable for an FOI request but discussion between them and the BTP most certainly is... They will obfuscate without a doubt but it's worth exposing the conspirators further if possible
Following my last comment...
SR and NWRail are interchangeable in much of the last comment.
There are two title maps shown in different films.
In this one the house road/verges etc are clearly seen, the one the police had just cover the house's site in a red blob; there's blue strip that appears to almost pass through the house - not explained - but on another plan it appears to go between the house and shed. What is it, ? Is it properly defunct ?
Back to the cattle-grid...
Who owns it ? - the forestry company is assumed. Their boundary is shown skewed at 45 deg, giving an awkward access the the white strip and house's gray driveway, but it includes the side gate and access points both sides of the grid. Do SR/NWR and the house have legal agreements to use the forestry company's driveway up to the grid, and cross the grid itself ? If the grid needs repairs who pays for them ? The side gate and both side fences/posts look newer than the grid itself - who built those ? What was a pedestrian side gate added ? Why was the grid built square to the forestry company's driveway when their boundary is skewed ? Who maintains the triangle of their driveway on the house's side of the grid ? [it looks like the house does] Did the forestry company have proper permission to construct their grid partially on the house's land [a small triangle accommodating a small part of the grid and a post] ? Because the boundary is skewed the white-strip area is not affected by the grid's misalignment.
If the line of the tree-side fence posts along the grid is projected towards the house, then the 'hedge' that forms the house-side limit of the treed area runs along it for about the length of the house's shed. If the centre of that hedge forms the boundary of the white-strip tree-side then the title plan's dimensions move the white strip over a foot or twp - leaving a narrower white-strip usable by pedestrians only. Are there any old boundary pegs in the hedge ? Are there any boundary markers along the driveway at all ?
Who clips that hedge ? It looks 'tended' but is outside of the house's boundaries.
Seem like the SR/NWR solicitors/surveyors did a poor job of clarifying matters when the house was sold and strips of land were to be retained; also rights of access over the house's drive could have been clearly set out in the legal agreements relating to the house's demise. Perhaps these exist but we have not been told...
Next point: services to the house etc.
The householder has said there's no electricity supply, and they rely on solar panels and a diesel generator.
Is there a mains water supply to the house ? If so then where does the underground pipe run, where is the stop-cock etc ? I see blue pipes, are these related to the supply ?
I think there's a well ?
It is assumed that there's no mains gas supply to the house.
Is there a telephone/broadband connection to the house ? If so then where does it run ?
The house has no mains drainage. The septic tanks discharge seems to be 'off-site' - is there a legal agreement to run the pipe through there etc ?
Is roof and surface rainwater disposed of by soak-aways ? If so are these within the house's demise ?
On a separate note: does the owner of the land [or owners] have proper permissions and licenses from the local-authority to allow dumping of waste, in the way shown ? Certainly an abandoned fridge looks like fly-tipping to me.; the large number of unconsidered tyres, timber and concrete sleepers and whatever else seems wholly unreasonable.
Who owns the driveway through the forestry company's demise ? It's assumed to be theirs, but no evidence is provided.
Who maintains it ? It is long...
Other things that aren't explained.
You say your vehicle is not roadworthy and only used for moving wood. Where is this wood moved from.
If you have no vehicle, the trains no longer run, etc and the nearest road is miles away, then how do you get supplies ? Taxi. walking, bikes ? I know you are growing your own veg, but the small bed is not sufficient - you at least need to buy seeds etc. Let a lone supplies of loo-roll, soap etc. Does a local shop deliver this stuff ? The chain and padlock etc are hardly going to be in stock nearby ? How are these got/delivered ? How does the delivery van gain access and turn around to return to civilization ? Similarly, how does the Royal Mail / Parcel-Force / Amazon etc deliver things to you and turn around afterwards ?
The 'white strip' has already been explained by the landowners. It is not a track, it's hedges and trees. A simple map reading exercise of the ordnance base map to the cadastral map shows this.
The waste was dumped and illegal landfill was operated by the previous occupants, not the current landowners. The land where the illegal landfill is buried is registered to the forestry company Caledonia Forest Land Investment Limited CTH5589 and they know about it...................A contractor for Scottish Woodlands who manages the forest for the forestry company helped the previous occupants bury it! It was the current landowners that reported it to SEPA but no action taken...................
Quick, whack up a boundary fence and a gate! Great work hopefully ease some stress. 👍
Yes definitely, thanks 👍
While this is being settled in court, why not put one or two of those lovely big concrete barriers on YOUR driveway :)
And get permission to have CCTV
We can put whatever we want there now 👍
Terrible that they have to Google "the law" they should know the law and apply it correctly. What is our country coming to 😭😭
How do passengers access the station?
Public access to it is on foot only, via the pedestrian side gate which (from their videos) appears to be outwith their property and therefore not in dispute.
Watched a few of your vids and was thinking why are BTP there? Surely it's out of their jurisdiction? Then the penny dropped. That's why they are claiming Network Rail 'own' the contested land because if/when it's proven it's your land, any BTP presence, actions etc basically become null and void and in fact illegal. That's why they've opted for the court battle to try claim it as 'railways property'. Keep up the fight. ✊
Thank you
Based on your roped off line over the cattle grid the padlock was not on your property, who actually owns the post and side gate?
Erm....the padlock was on our chain to our driveway and within our boundary. They damaged our lock to remove our chain that was lawfully securing our driveway to trespass on our land without the legal right to do so. NR don't own any of the cattle grid or post. They committed criminal damage.
@@derek763 'Keep locking the pedestrian gate' - It's unlocked and the public visit here regularly! Stop twisting things because you and your troll friends have been proved wrong yet again 😃
there seems to be an underlying story not being told here. something isn't right.
Yes, it's not right NR is trying to claim land we own. It's a land dispute.
I'm not clued up on this stuff but get solicitors involved, take this as an opportunity to make money, you own part of the land and must pay you to use that land
I think now you have had a survey all your trouble should be over. If i was you i would be building a new fence with a lockable gate and 24\7 cctv. Also taking civil legal action for costs of survey and the mental pain and suffering.....
Surely it has to be multiple criminal damage charges plus aggravated trespass plus offences under the harassment acts.
So did the solicitors acting for network tail produced in court the title deeds showing the land belongs to them. When if it exists was the title registered. Before the previous tenants or after you brought the property?
Aggravated trespass is a criminal offense that occurs when someone trespasses on land or in a building and intentionally:
Intimidates others from engaging in a lawful activity ------ (which they have done to you)
Obstructs or disrupts a lawful activity ------ (which they have done to you)
The maximum penalty for aggravated trespass is: Up to three months in prison, A fine of up to £2,500, and Both a fine and imprisonment. - (maybe different where you are)
As you are a knowledgeable man on law' can i point out this is a corporate they are dealing with' no individual will be found guilty & £2500 is peanuts to them .......
@@leso204 I am aware of that and the small bear charge, I was outlining the response to the police statement to the couple about aggravated trespass.
@@madmaniac360 : im following this anyway i do hope they get a fair deal , things like this happen all the time people being ridden roughshod over' look at the HS2 shambles people turfed off they're own land & paid a pittance for what it's real value was .........
Hi, just a quick question, when you said you didn't like the other surveyor, was it because they produced a result you didn't like, or something else>
A lot of people noticed that his letters were less than articulate, although he did confirm that the driveway is within our registered title. Also he kept us waiting and didn't return emails or phone calls, but it ended up for the best, the new surveyor was awesome and very professional.
@@ALTNABREAC Thanks for that.