BTP came 2 weeks AFTER we had already sent evidence to the Head of the Legal Department for Network Rail which proved that we did own our own driveway. Network Rail did not respond to our evidence. We sent exactly the same evidence to the Head of the Legal Department for Network Rail as what we showed to the BTP. www.gofundme.com/f/588854-altnabreac-cover-up
You might have a good case of heavy handed bullying tactics. Was there evidence on your computer that they opened it and if they did, they’ve ignored it and continue to bully you until you give in.
@@robertchapman6795 Hi, yes we have proof because they did reply to the message and avoided all the important information. Network Rail also did not give the information to their contractors QTS, they told them that they own our driveway.
@@ALTNABREAC well done for keeping and recording all the relevant information. Even what I saw in this video puts you in a good place. Be sure to keep an eye anyone attempting to illegally change boundaries. Good luck!
@@ALTNABREAC Respect When you stand up to A Registered Multi-Million Pound Company & Their Corrupt Lawyer's They Dont Care About Anyone Or What They Do They will use any means possible against you That's why they're sending the Registered Business Gang Cold Callers To Your Private Property Easiest Way To Sort Out Your Unwanted Registered Business Cold Callers Take Out A Registered Business Civil Court Injunction Out Taken Their Rights Of Access Away frm Entering Your Property For Harassment & Stress of Putting You guy's In A Sate of Fear & Alarm How many Video's are on you tube With The Registered Business Gang Turning Up In Force at Peoples houses With Fraudulent Documents That are not signed by a Sheriff or Judge When its Civil Case The Registered Business Police Gang Know They Have No Jurisdiction In These Cases I dont know if you have any CCTV fitted outside on your Property if not Please get it Motion Detection & Built in Microphones Can be connect to several mobile phones Especially if your out & these unwanted cold Callers Arrive I installed mine in 2007 with built in microphones Because of the amount of problems I had with The Business Attached to my family home The Amount of Unwanted Cold Callers frm the Registered Business Police Gang I was getting at my family home Believe me they were not interested in our kids lives being put at Risk to do with This Business guy owns Business is a millionaire Money Talks
It's quite clear the driveway is owned by us as proved by the land survey (you must have missed those videos?) and the police abused their police powers acting in a civil matter where they had no jurisdiction. We are absolutely in the right and NR will not take our land from us. You are therefore wrong.The fact you think it's amusing that we were threatened with arrest for aggravated trespass on our own land speaks volumes about your character. Doubt you would find the situation amusing if it was your land or a friend or family member's land.
My brother had a dispute with British Rail years ago on boundary markers which were old sleepers erected on end in a dug hole. Brother noticed the sleepers had been moved into his land to take out a BR curve. BR denied moving them but photos from two children's Easter party egg hunt proved otherwise. The sleepers had jumped sideways after the first party.
These people should be charged personally and personally arrested. Then! given long jail sentences for trying to steal people's land.. land theft is unacceptable. So are these Jackboot Thugs
@@jeffwolf8018 fun fact. youtube has censored your comment. i had to use the ytcomment finder from kmcat uk in order to see this and another reply. i will now rectify it by giving you an upvote.
Worse still, they are being asked to make a judgement that should be made by a judge or jury in a court of law. Their job should be to execute legal warrants and enforce the laws only, not argue about property lines.
Jesus f*ck, I'm halfway through & YOU STILL HAVEN'T LET THEM TALK. Update: even after you let them talk you interrupt & talk over them. Every time they talk you say "just let me finish . . .". How about you let them finish, just for once. Really, just for once. They have my sympathy. What are they even there to do? Arrest you? For what? They're just doing their job; let them speak, let them know that you disagree & then ask then ask them to leave. If you don't like them, get a restraining order.
Police officers abusing their powers against members of the public have your sympathy! -Oh dear, says everything about who you are. It is this mindset which has allowed this country to become a police state. Those BTP officers were already fully aware of the civil dispute and we have had to tell them many times previously that they have no right to come to our property harassing us when it is not a police matter. It was not their job to 'advise us' that we do not own our driveway. Or do you think the BTP are property lawyers and judges now? Because they certainly acted like they were!
@LizAltnabreac-u8h There's no abuse of police power here. They did not arrest you, slap handcuffs on & drag you down to the police station. These 2 low-level peons have been sent by their boss to explain the very-much-higher-ups opinion & were nothing but polite & respectful to you. If you hadn't spent 10+ minutes ranting at them this would have been a 2 minute video. It's like you have a boundary dispute with Tesco & spend 15 minutes ranting at some poor cashier every time you checkout. There is nothing you can say to these lowest rung on the ladder workers that will change the top people's minds. Your dispute is with Network Rail, not these 2 gentlemen. Stick up a trail cam or 2, some "private property trespassers will be prosecuted" signs, send a letter to Network Rail legal department withdrawing their right of access (if that's allowed in Scotland) & inform them that every act of trespass will be prosecuted. If you have already refused access to BTP then you can take them to court over this visit but, again, your argument is with BTP, not these 2 individuals.
@ Those two 'low level' transport police officers are required to not only know the law but uphold it fairly and impartially - do you disagree with that? They were rightly being challenged because they did not know the law and were acting with bias and abusing their powers. In this situation and on numerous other occasions, the BTP have acted with total bias in favour of NR and outside their jurisdiction. We were writing to NR for months informing them they had no right to come onto our land without our permission and BTP were and are fully aware of this FACT. This is NOT the first time those two 'polite' officers have been sent by NR to harass us on our own land falsely accusing us of 'criminal trespass' for being on our OWN land. The BTP have known about the civil dispute since the beginning and as it is a civil dispute it is to be dealt with CIVILLY. The BTP 'low level' officers and their 'higher ups' have no authority or power to adjudicate on who owns our driveway but that is exactly what they did - that IS an abuse of power. Have you not seen the video on our channel showing the same two officers returning to our property only a week later threatening us with arrest again because it was the 'opinion' of their 'senior command team' that we did not own our driveway. The 'opinion' of the BTP is IRRELEVANT and a police officer's 'opinion' does not amount to reasonable grounds to arrest us for a criminal offence for what is a civil dispute! If you think it's not an abuse of power for the police to be used against the public in this way by corporate bodies then you are on the side of wrongdoing and it's people like you that allows this appalling behaviour to continue because you think it's okay.
@LizAltnabreac-u8h I'm no legal expert but AIUI telling someone that they are on private property & requesting that they leave is an immediate withdrawal of any implied right of access. If they refuse to leave, point out that they will be prosecuted for trespass. Once you have their names & badge numbers, disengage completely & get a solicitor to lodge a private prosecution, perhaps adding Network Rail as a co-defendant if allowed. Turn up in court with your survey & video & see if the court agrees with you. If they do, Network Rail & BTP are done. No-one can be arrested for trespass, it is a civil offence that only becomes a criminal offence in extreme circumstances. Do not engage with these people. No, I haven't watched any other videos, this one was quite enough. Any threats that BTP make about arrest are empty threats & should be laughed at. 1) Gather video evidence & prosecute them the next time they turn up. 2) Get your MP involved.
@@hlcdriver If you watch our other video when they return, we tell them to leave several times and they don't. The BTP would have arrested us because they've done it before! Even after giving warning that they had no right to come onto our land and would be committing trespass, the BTP then allowed NR workers to cut the lock off our chain lawfully in place securing our driveway and trespass on our land. Utter abuse of power to aid a corporate body. We have written to local councillor Raymond Bremner and MSP Arianne Burgess - guess what, not interested. We have done things properly, NR have not. We have now raised a Court action against NR and they're still claiming we do not own our driveway even though it's registered in the Land Register of Scotland and a surveyor has proved it is within our registered good title. They're all in it together - more people need to understand that the police. courts, government, public bodies, private companies are corrupt to the core and will abuse the law, manipulate the rules and do whatever is necessary to achieve their ends. I'm really pleased to see more and more people wake up to this and learning their rights, demanding accountability and challenging unlawful conduct.
They had already arrested him already + they knew they were being film and put on Social Media. That is the only reason they were relatively respectful this time - otherwise they would've cuffed arrested him again.
@@paulcooper5200 The land owners were very fair with the police officers, even thought the police officers refuse to learn the facts prior to this police "show of force".
To be fair the two policemen looked and sounded like they would rather be eating nails than visiting the landowners again. Appreciating the two landowners were cheesed off by the whole process, but they didn't half go on and would not let the two policemen speak. The correct approach would have been to simply say it was a civil matter that was being pursued legally and that they were no engaging with the Police. Cheerio!
@@welshgit ..... If it is correct that the people have been arrested or threatened with arrest on previous occasions, what are they supposed to do? The Police have turned up in an official capacity and the man asked them if they were going to abuse their powers again which indicates that action has been taken previously. If it is a civil matter why have the Police become involved, which makes them look like pricks in this incident.
@@grumpyoldman-uk police are public servants they should have helped the citizen gather the proof for their case, not represent the business operator, I feel these police slightly tried to do that tbh.
@@boogboog8097 Sure, but these are just low tier policemen, so if their superior orders them to do something, they have to do it. Even if they obviously don't like it. It's the superiors who have to say "this is just bollocks and borders on harassment", especially if these people are in a registered civil dispute with Network Rail. These guys are doing their best, but the landowners are just done with it and these guys just suffer their wrath. To their credit, they ARE dealing with it in a professional way.
These are the kind of people who only want their opinion heard and dont care about others. Too much tin foil in their hats. So far up themselves. I pity their neighbours
@@kiwissmp it sounds like they are fed up with continually having to prove their ownership. They are acting more calmly than I would under the same circumstances.
We already knew why they were at our property - because NR keep sending the BTP to harass us. This was not the first time those two officers have been used by NR to harass us and tell us we do not own our own land! They repeat themselves and never listen to what we have to say because they are BIASED in favour of NR. This time we were going to make sure we told them they were acting unlawfully and we are so glad we told them we were livestreaming because they probably would have acted a whole lot differently like they have done before! Unfortunately, even after agreeing in this video it was a civil matter and left, they came back again only a week later threatening to arrest us for being on our own driveway and helped NR force entry onto our land by breaking our locks and chain to our driveway entrance! Criminals.
A grumpy neighbour assumed that I shouldn't be driving up a wide 'path' to access my house and soon afterwards I had the local authority workmen turn up with a row of new concrete bollards, saying that they were intending to install them in order to block my vehicle access. Fortunately, I had a copy of my house deeds to hand and I was luckily there to see them arrive and I immediately realised what was going on. They saw the deeds, and that I was entitled to have access by foot or by vehicle and they went on their way. I wrote a complaint about this and I said that any further blocking actions would be a breach of my 'Human Rights'. Never a word of apology.
The legal recourse is through rea meanus facultatis which I know of after a developer extended their building to block the 9ft wide lane defined in our titles for free ish & access, blocking the rather important access for trucks-especially fire appliances I took the precautions of getting a laser (total station instrument) survey which very precisely showed the encroachments plus the inaccuracies of the plans submitted by the developer plus inaccuracies of OS 1:1250 mapping and the amazing alignment of Thomas Kyle's dimensions defining the titles in 1857 and current mapping (original plans lost from Scottish Registers) If anyone fancies a rea meanus case do get in touch 6 properties would welcome the compensation/remedial work to restore our ground to sky rights by removing the encroachment over 7 floors...
Just say you're 1/4 Syrian or something and accuse them of racism, make noise suggesting Twitter and the local leftist agitator group will hear about this.
@@peterjames424 I think they were quite good actually, given their limited capacities. Had they greater capacities they would have refused the go and been perfectly within their rights to do so. Now they have created a liability for taking an unlawful action.
You know these officers looked at where they had to go and thought "Ah Fuck!, not again". These 2 guys have been sent there and you can see by their faces, they'd rather be anywhere else.
This is why it was important to engage, tire them out and make a big impression so the next time they are contacted to come out they can have a frank discussion with the network and possibly threaten charges for harassment. This is a civil case and could have been resolved by that one statement but this was very well done.
Many years ago there was a similar access dispute over a shared path in Hampshire, the Police file ran to over 400 visits. The complainant just would not follow the Courts advice.
@@deadly_dave Nah normally it's cause they want to trample your rights without pushback and accountability from an educated public, Camera's make them uncomfortable..
How about these two police officers go back to police law school and learn the law. They shouldn't have been at our private property for a civil dispute 'in the first place. It is NOT their job. They're hired NR security guards and were rightly challenged for their abuse of power. We've let those two same officers talk plenty of times on all the previous occasions they have been sent to us by NR to harass us and falsely accuse us of 'criminal trespass' and they never listen to us. They keep coming out to us harassing us. We quite frankly didn't want to hear their misunderstanding of the law and their powers in an attempt to manipulate the rules to aid their corporate masters again.
@LizAltnabreac-u8h. If I block the M8, say that bit is my land, say I’m in middle of civil dispute with whomever, have a file full of documents with me, the police are still going to try to persuade me to move and likely eventually arrest me if I don’t. It’s exactly the same principle. They are not by that action adjudicating the civil dispute, which might be valid. Or a complete fabrication, just a shakedown.
@LizAltnabreac-u8hI fully understand your frustrations with the land ownership issue but I think you need to understand why the police attended and at least give them a chance to speak and explain exactly why they are there. You were constantly butting in and never gave them a chance to speak. See my comment further up the page. Your frustrations should be with Network Rail and not the police; the BTP are not agents for Network Rail in any way, shape or form and you need to understand and accept that. Good luck with the land ownership issue cos I know from my own experience it can be a nightmare
@@corneliusrodes These two same officers have been sent to us numerous times by NR to harass us and they are fully aware that it is a civil dispute. Our issue is with BTP when they refuse to act with impartiality and stay within their authority. They repeat themselves all the time, never listen to us, and this time we made sure we got the legal position across. If we hadn't told the officers we were livestreaming them, they would have acted very differently! However, even though they agreed with us that it was a civil matter and left on this occasion, they returned to our property again only a week later to harass us and threatened to arrest us AGAIN for being on our own land. BTP is NR's personal security and they are not independent at all which they've proved in this situation repeatedly. Utter disgrace.
I have to say, out come of civil case aside, these officers display the kind of professionalism the public in any country should expect from Law Enforcement. Good job to them & hopefully you have a positive ending to the dispute that brought them to your door.
@@donaldhill3823 what, you think BTP acted professionally by abusing their police powers getting involved in a land dispute and acting with total bias in favour of NR! Just because they smiled and acted 'politely' doesn't make what they did any less unlawful. That is not the first time those two same officers have been used by NR to harass us. They are a disgrace. You need to watch the video showing those two same officers threatening to arrest us for aggravated trespass on our OWN land after they informed us that it was the opinion of their 'senior command team' that we did not own our driveway. That was not a decision for police officers to make. That is a decision for a Court.
Network rail, need to show proof that they own the land. However the land owners have shown they own the land and not network rail. The problem is network rail doesn’t like being told, they think they can do as the please. When this is not the case. The btp have no rights in being involved in this matter. But network rail want to bully the landowners.
@@maximiliandegarnerinvonmon6457 Say that after you have been harrassed by the law acting on behalf of a company. Respect and civility become farcical after a point. The police acting polite and genial whilst threatening arrest is an illusion of civility.
@@ALTNABREAC 9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say. Also knock off the freetard stuff about oaths. You know they're coppers, we know they're coppers, they know they're coppers. Keep it in the realm of reality, it'll help when you hand this over to a lawyer. If I saw this video and this was in my country I wouldn't be willing to represent you for all the money on Earth you've just said way too much.
@@ALTNABREAC Okay having watched more of the video I realised where the waffling nonsense is coming from, your wife. She's watching weird videos and getting weird ideas in her head. In future please ask her to go inside and handle it yourself. She's absolutely going to throw you under a bus with that nonsense, there's no excuse in 2024 to have pseudo-legal nonsense in conversation and judges are really harsh about that stuff now.
Trespass is a civil matter; aggravated trespass is a criminal one. If you obstruct someone carrying out their normal daily job (for example) by trespassing, that's the aggravated bit. I presume that's where the cops come into it. Frankly, however, arguing land ownership with the police is silly: this is something that needs to be sorted out in court, by lawyers.
@gordonbeaton8131 And which Christmas cracker did you get that gem from?! You might want to look up the Trespass (Scotland) Act 1865, as amended by the Criminal Justice Act 1982 (which reduced the penalty). You may be thinking of the Land Reform (Scotland) Act 2003, Section 1, which grants access rights to land. But that only grants the right to be on or to traverse land for very specific educational or recreational purposes. It wouldn't apply to being permanently on someone else's land because you think it's yours. Not saying it is or isn't there land, mind. That's for solicitors, surveyors and courts to work out. But you can definitely commit trespass in Scotland. Though looking at those midges, I don't think I'd bother!
No such thing as trespass law in Scotland. The nearest equivalent is that you can cross[/enter] a private threshold as long as it is not for the purpose of committing a repugnant act (e.g. a criminal offence). Also the Right to Roam law in Scotland now means landowners cannot fence off ground to prevent people walking, etc (though it doesn't mean you can just rock up and pitch a tent in what is obviously somebody's private garden around their house). Part of the problem that you also have here is that British Transport Police aren't actually British - rather they are English Transport Police whose authority extends into Scotland on rail networks and they end up trying to enfore English laws at the behest of an English company in bits of Scotland.
@@boogboog8097 Of course they would. All alleged criminal offences have to be proved beyond a reasonable doubt. Easily done, one way or another, I would have thought, with lawyers and surveyors. Point being, however, that the police arrest you regardless of guilt, provided there's a _suspicion_ of guilt. So, the police don't (and can't) operate to the same legal standard that the courts do.
Oh, just noticed this from the newspaper, which might answer all the people questioning why the police are involved. “Ian Appleby (46), of the Station Cottage at Altnabreac, appeared before Sheriff Ian Cruickshank and made no plea to all the accusations including of ignoring warning signs and trespassing on Network Rail land in dangerous proximity to the line. The other charges were, while acting with another, culpably and recklessly standing on the tracks in the path of the oncoming train to the risk of injury and danger of life to you, the passengers and staff on the train; and behaving in a threatening or abusive manner which was likely to cause a reasonable person fear and alarm in that you did shout, swear and utter abusive comments towards two police constables. His partner, 48-year-old Elizabeth Howie, a former police officer, also appeared on similar charges to which she made no plea. The charges were trespassing in dangerous proximity to a Network Rail track; maliciously interfering with the running of the railway track by standing on it and bringing trains to a halt; obstructing British Transport Police officers in the execution of their duty and behaving in a threatening or abusive manner. Both were committed for further examination and released on bail to appear again in court in the due course of law.”😂
Well there we go... explanation provided. The problem with this video of course is that it cuts out before we ever find out what the BTP were there for.
Thanks for that. The giveaway for me was his running commentary and claims of peaceful discussions. Then believing that if he recorded his bs he would secure vital evidence. What a pair of caber fiddlers.
Well, that certainly casts a different light on things. And I've noticed that the person posting this video hasn't even bothered to reply to your comment... speaks volumes.
railtrack have a history of not paying to access tracks through private land, block them and stop them. bring them to the table and you'll get a rolling contract for access rights.
It wasn't a 'satellite' image, it was an official ordnance plan from the Registers of Scotland of our title. It is obviously evidence because it is our title plan! Furthermore, we later had a surveyor survey our title and he confirmed what the plan already shows - that the entire driveway is wholly within our registered good title.
I've no interest in your legal disputes or who owns the land. The fact is that this station is closed because you are not letting people access the station. This intolerable situation should not be allowed to continue. The railway line and station was built by the Victorians with blood sweat and tears through the remote Scottish highlands, and it is there as a public amenity for the good of all to enjoy at all times and the fact that you are preventing this with your small mindedness is a disgrace. I sincerely hope that Network Rail will resolve this soon, with compulsory repossession if necessary.
Well we do care about our land rights and we will not give our land up to NR. Please direct your frustration and complaint to NR because it is solely due to their dishonest and appalling handling of this dispute the station was closed and remains closed. Your support for companies abusing the law and trying to take people's land from them is a disgrace. Let's see how you react when it happens to you.
@@kt5661whilst they may access private land, they do not own it, and therefore cannot prevent the owner from accessing it. Out of interest it states access is for maintenance and accident prevention, looking at the video it's difficult to work out which if any applies.
@@kt5661maybe but ask permission first or you could infact have your grandchildren playing NR the railway line question is this line still in use don't look very bizzy there
@@tonypriest3567first of all what if they did ask permission and they said no what then and railway lines run all over the country not just to busy places and as for grandchildren playing near a railway line it should be drummed into them not to be on or close enough to one to get hurt by a passing train or any works on the line it’s that simple
even if they were abusing their authority, they have no jurisdiction, didn't have a warrant card, didn't state their names, rank. numbers and that they were recording. You must work for Network Rail
@@jackryder-sw9rkyou obviously missed the part at the start of the video where they clearly stated their names and numbers. Warrant cards only need to be displayed in plain clothes.
Yeah idk why he didn't use the net they gave him, I mean sure you look silly wearing it - but you look sillier freaking out and flailing. I felt so bad for him.
12:30 - notice that on the land registry image it shows the property boundary of the house south of them ending at the access road, yet on the drawn overlay at 12:36 it's been shifted so the boundary is halfway across the road. Interestingly that means if they succeed then they have been trespassing the entire time they have been accessing their own property. It seems they are just being a problem for no reason, it's a public station.
Network Rail will not have sent BTP to arrest anyone. A dispute agreed by the officers to be civil and outwith their criminal based jurisdiction. What strikes me is that the householder is rather unwilling to listen. Very civil and that is good but trying to imply that BTP are being sent by anyone. A complaint has been made and the officers have a duty to determine facts but not to be brow beaten. They were both being very professional and it's a pity the header on this item implies any intent on their part to throw their weight around. I know for a fact that BTP are very, very aware of allegations of bias towards the favour of railway companies. Thankfully, those days are LONG gone. They aren't railway police, rather they police the railways.
Surely it is up to Network Rail to get an adjudication saying otherwise. The landowner has evidence to prove ownership, let Network Rail bring a case and pay all the costs involved to prove otherwise.
Complete rubbish. A court would have to rule that somebody isn’t allowed on or near the land, and that person would have to go against that court order to be in contempt of court. A court order ruling ownership of land doesn’t mean anybody would be in contempt for trespassing on it.
I don't know the system in Scotland but in England and Wales these land disputes are sorted out by the HM Land Registry. This is NOT a police matter, they should NOT be there. I would not deal with them at all.
Most corrupt police you should be saying. Abusing their police powers by acting as personal security guards for Network Rail. Let them speak?! They should not have even been there and should have left as soon as they agreed it was a CIVIL MATTER.
They were to arrest them on a civil matter and this was not the first visit. They didn't need to speak to the police, but they wanted to get video evidence. If you think police acting like private security to tread on your rights, is them being accommodating, then i have some yellow snow to sell you.
@@u539771The landowner said " are you here to arrest us again,and breach section 38 like you did last time?"(harassment?).....the police officer replied" let's hope it does not come to that!"( passive aggressive threat) indicating an arrest could be executed!....but on what grounds one wonders?....as this is clearly a civil matter! And a dispute over land boundaries has nothing to do with the police! Why the police were ever there claiming ( on the behalf of the railway) the landowners did not own the assess road to their property( at the expence of tax payers)....is an abomination!....
Gotta be honest, out of a 15:31 min video you spent most of that ranting at two totally polite police officers repeating let me finish many times whilst never really letting them talk!
Yes and made a few hundred quid in TH-cam vid views at the same time which is the whole point of these two shysters ..Both playing to the cameras ..What a bunch of con merchants
I’ve never heard such entitled rubbish talked by ‘Little Englanders’. Say there’s an accident on the railway by the station. Are you suggesting that no one should be allowed to come and carry out a rescue as well? Of course they have a need to access their property to carry out maintenance. You should welcome their doing so. Get a life!
What are you talking about, the plan was from the Registers of Scotland and an official plan of our title - what more evidence is required! It was our title plan! Not that we were obliged to show anything to the BTP officers anyway because it is a CIVIL matter. Our surveyor subsequently confirmed what the plan already showed - that the ENTIRE driveway is within our title! It was the BTP acting as 'amateur lawyers,' which was usurping their police powers which is an abuse of power. We are landowners and know what we own!
When I was a young cop, the number of domestics over fence/garden perimeter line disputes we went to was silly, we used to turn up, say it’s a civil matter, see a solicitor, then we went off for a cup of tea and biscuits two minutes later😂
I found it very irritating watching this video. The police are being very patient trying to help you and yet you take a very combative approach and try to make them look incompetent. You and your partner are constantly talking over each other. Not entirely sure what you hope to achieve posting this video other than just storage of your evidence.🙁
@@zoneadmin-n6c Not according to the surveyor. His professional view is that anyone with basic map reading skills can see from the base ROS ordnance map that the driveway is wholly within our registered title and this was later confirmed by the survey done. I guess you cannot read a map then!
9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say.
Silence shows that you dont know the law you must make a first good impresion then let them speak after they know you not some dumb average joe that they can do what ever they want.
@@diogoduarte6667 But their first impression is being beligerent. It was my first impression too "stop talking, stop interrupting the police, let them tell you why their there in stead of guessing and feeding them information". He says "you have the right to remain silent" for a reason.
Which they almost certainly will have. But whether the current owners of the land are aware of this, may be another matter. I mention this, having been in a similar situation myself.....
The fact you think two corrupt BTP officers are 'reasonable' is pretty concerning...You think we're unreasonable for telling the police officers they had no power to act in a civil dispute?
@LizAltnabreac-u8h Corrupt? They agreed it was civil and just wanted to explain what was going on? They were sent by higher ups, to give them shit is childish and downright pathetic. If there is an issue why didn't the people go to higher ups instead of spewing stupid code only to then claim racism in comments?
Good god, those poor police were trying to do their job, were being friendly and relaxed towards you, were open to conversation and clearly just trying to get to the bottom of the matter, and you were SO abrasive, just immediately "are you going to abuse this that and the other and we don't think you're going to act impartially" and not letting them speak. All while getting eaten alive by midges. They had so much patience with you, far more than I would. Well done police officers.
you are a complete idiot they were not abusive to the police,nobody should have to go to that extent to show they own there own land ,these cops were so tough 1 had to get a midges net to protect him what a wally, would love to know what land you own,guess what i bet its nothing
You believe police officers abusing their powers is a good thing! Doesn't matter if they did it with a smile and were being 'friendly', they still acted unlawfully. That was not the first time those two officers have been sent to our private property by NR to harass us. They had no right to be at our property 'advising' us in a land dispute claiming we did not own our own land. That IS acting without impartiality so we were right when we told them we do not think they acted impartially. If they had been acting as they should with impartiality, they would have told NR they refused to attend because it is a land dispute and it is NOT a police matter. That is how they should have dealt with the situation. Those same two officers returned to our property only a week later and assisted NR to gain unlawful access onto our driveway. Utterly disgraceful conduct.
@LizAltnabreac-u8h stick up for your rights,obviously some people do not watch the entire video from start to end,cos it is clear to me that these and perhaps other officers have been here multiple times and rather than let them tell there pathetic side again which you prob have heard loads of times.and waste yours and there time you quite correctly told them all about, the research you had done and the legall requirements,cannot see the problem of sticking up for what you think is correct,hope you take em to court and get a big payout just for all the grief and worry these thugs are putting you through,GOOD LUCK
Police officers harassing landowners by repeatedly coming to our property falsely accusing us of ' criminal trespass,' 'advising' us that we do not own our driveway and threatening us with arrest for a civil matter is NOT reasonable and fair. It is bias, unreasonable, unfair and abuse of police powers. Unless you think BTP are qualified property lawyers and judges now....BTP should stick with what they should be doing - police work.
Exercising your rights is all fair & good, but putting up legal barriers before engaging is not helpfull. Listen to them & engage with them as people first. Then agree or disagree when the details are clarified. It's a civil matter which they are clearly aware of & they are doing what they're told. A cup of tea work wonders, let a solicitor deal with their employers.
@@24516132 Those two officers are fully aware of the civil dispute and had they been acting professionally and without bias they would have told NR they refused to attend to deal with a land dispute which they already knew was ongoing and should have told NR to deal with it through the civil route. Instead they decided to act with total bias and usurped their role by trying to 'advise' us on what land we own! Not their role and they had no business coming to our home to harass us.
My family suffered a similar problem. It seems to me that the police are acting as judges and jury. They have no right to approach you over this civil matter. This is a case of harassment for the purposes of intimidating you and misleading to believe you are in the wrong. You should ask them why they are representing British Rail and not you as a law abiding citizens. I would most definitely make an official complaint and approach your local MP over the matter. You are not the ones contesting this. Sue to prove your point. The stress must be unbearable, and my sympathies are with you and wish for the best outcome for you.
Notice how polite everyone is compared to American citizen/police interactions. When asked their names and ID, neither cop said "right here". Both were polite, No one said, sit on the ground, get your hands out of your pockets, or were "patted" down for officer safety. Amazing. Why can US cops be so civil instead of barking orders?
On the face of it the main aggravator in this situation appears to be Network Rail, not the police. Network Rail are the ones who made the complaint to the police regarding ‘aggravated’ trespass. The police have a duty to respond to certain incidents with the alleged ‘aggravated’ element being the reason they became involved on this occasion. If they had not attended after receiving a report of an ‘aggravated’ incident (that ended up turning nasty) then I’m sure we’d all be up in arms if the police did not attend. The police were just doing their job and responding to a report from Network Rail. They were not ‘laying down the law’ with regard to the ownership of land. They were very aware that the land ownership issue was a civil matter; that is not why they were there. Both officers were very professional and were not in my opinion biased at all. You have to appreciate that they have to respond to complaints from members of our society from all walks of life and attend (as in this situation) to speak with the other parties. This allows them to gain a full picture of the situation and then make an assessment on whether any offences had actually taken place. There was no 2 tier policing (yet another ill informed label) here. As for Network Rail, they are the bullies.
We are right: We own the driveway. We are right: The officers had no jurisdiction to deal with our land dispute and abused their powers attending our property 'advising' us we didn't own our driveway and responding to a false complaint from NR that we were 'trespassing' on our own driveway.
@ ye-es… I could possibly add the use of the colon does not make you right. I have no idea about the situation, I would assume they have rights of access over your land, I would also assume even if that is not on your title it is probably unavoidable that they can claim rights of access by being a proxy/government agency. Worst case they could always get rights of access by compulsory purchase. And I would assume the transport police are there to make sure that they can carry out their job safely and without interference. I’m not saying they are nice, the situation is logical or ideal, or that they carried it out in the correct way. But fundamentally, it’s a national agency - they can do what they want because they are doing it on ‘our’ behalf.
@@ciarantaylor367 Exactly, you 'have no idea about the situation' because you've obviously not watched all of our videos where we show the surveyor confirming we own the entire driveway. Furthermore, NR are not claiming to have 'access rights' over own land, they're falsely claiming to own it. Your assumptions don't cut it so what is the point of commenting based on 'assumption. I will clarify for you one more time: we own the land, NR do not. If NR want to access and use our land, they require our permission like they got permission from the forestry company to use their private tracks to get to Altnabreac and to use their land for other reasons. That's the position. It's really a very simple solution but unfortunately NR want to abuse the law and try and take our land from us rather than doing things the right way. As a result, the station remains closed to the public which is solely the fault of NR although they've tried their best to place the blame on us. You may support NR abusing the law to take people's land but we do not and NR will not take any of our land, I assure you of that.
@@ciarantaylor367 NR had no right to be on our land and as it is not railway property but private land, BTP had no authority in the situation. The BTP do not adjudicate on land disputes. The BTP should have refused to attend but instead acted with total bias and assisted NR in gaining unlawful access onto our land. NR and BTP are an utter disgrace.
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@LizAltnabreac-u8h They absolutely DO NOT require your permission to access their infrastructure for evaluation, maintenance and repair.
The officer said he agreed it was a civil matter and that it was not his jurisdiction and then proceeded to get out your title plan for the property to 'advise' you that you did not own your own driveway! It was not for a police officer to 'advise' you that you did not own your own land as he is not qualified to do that nor does he have the authority to get involved in a land dispute between parties. So what if his 'opinion' was that you didn't own it? He would have gone ahead to arrest you! That is biased policing for sure because he would have decided all on his own that you did not own it based on his unqualified 'opinion.' It is not for the police to decide who owns what land in a land dispute. Totally unlawful of them to get involved.
"The officer said he agreed it was a civil matter and that it was not his jurisdiction".................. that should of been end of story for the Police
@@kt5661 Section 14 of the Railway Regulation Act 1842 allows network rail access to private land in an *EMERGENCY ONLY* and you know this really because your a train enthusiast!
And under the Human Rights Act the owners of the property are entitled to free, peaceful, undisturbed, and lawful use of their property. I'm sure these people would allow access in a genuine emergency, but otherwise they are under no obligation whatsoever to cooperate with Network Rail, nor even the Police. For Network Rail to say a valid document showing ownership is "just a piece of paper" is a laughable concept as it would invalidate every single document. Network Rail needs to take the matter before a court if it believes they can question the ownership documents for the court to decide, especially as the Land Registry isn't always up to date as properties exchange hands. Also there can be doubt and dispute as to the ownership of land that is under the boundary lines dtawn on maps. It can come down to a matter of inches. This totally sounds like Network Rail wants to quickly force itself in there wuthout agreement or due process. If I was the land owner I'd be looking to put up a lockable gate. First it'd keep unwelcone people out at least initially. Any cut locks or chains would be criminal damage and a wireless camera could look over the gate. And by putting a gate in it'd force NR to go through a proper legal process to get access or dispute ownership.
Is there not a right of access law in Scotland ? Like my neighbour can come across my land to repoint their garage brickwork if the garage is on the boundary line ?
Absolutely nothing in law says officers have to have their warrant cards whilst in uniform. They need them in plain clothes to identify themselves as officers, when in uniform the uniform does that.
Show me where it states that in law. If a member of the public asks a police officer to show their warrant card to verify that they are indeed a police officer, they need to produce it upon request. That's why they should have their warrant card on them at all times. Ever heard of the offence of impersonating a police officer?
@ Show me the law that says this. PACE states the officer needs to show their warrant card if doing a search in plain clothes. There is zero law that requires uniformed officers to show their warrant cards. Saying "They need to" isn't the same as it being true. Wanting something to be the law doesn't make it the law. Some forces have this as a policy but it simply isn't law. Oh and I am fully aware of the law thanks as an ex police officer who is now a lawyer.
@@stalwart263 Policy has to be followed and if an officer is breaching 'policy' then they should be held accountable. You're a 'lawyer' in the US because we have solicitors and barristers here? The bottom line is that a police officer's warrant card is their police ID and they should have it with them ready to produce it whenever asked by a member of the public and if they do not have it on them then that's a breach of policy. The PACE requirement making it mandatory for plain clothes officers to produce their warrant card is because they are in plain clothes. Uniformed officers still have to carry their warrants with them because it is their professional Identification and must produce it upon request. Not very professional to 'forget' to have it with you is it!
Yes I am British. And an ex police officer. And it's still not the law. Some forces have it as policy. Most don't. It's not "forgetting" to have it if there is no requirement to carry it or show it. The term lawyer describes any licensed legal practitioner in the UK. They are not all solicitors or barristers.
You are completely wrong. Your title CTH7726 contains a burden... Burden 2 Disposition by The British Railways Board to Robin MacDonald Sinclair and his executors and assignees, recorded G.R.S. (Caithness) 13 Jun. 1969, of that lot or area of ground situated at Altnabreac in the Parish of Halkirk extending to 0.340 acres, of which that part of the subjects in this Title tinted pink and blue on the cadastral map form part, contains the following burdens: (First) our said disponee and his foresaids shall be bound forthwith to enclose in so far as not already done by erecting along the boundaries of the said subjects hereby disponed suitable fences and to provide and hang gates at either end of the access hereinafter specified which fences along with those fences already existing on the boundaries of the said subjects and the said gates shall be maintained and upkept at the sight and to the satisfaction of us the said British Railways Board and our successors at the sole expense of our said disponee and his foresaids; (Second) Reservation in favour of us and our foresaids of a heritable and irredeemable servitude right of access for vehicular and pedestrian traffic over the strip of land tinted blue on the said map; (Third) Declaring that the subjects hereby disponed are so disponed always with and under all access rights, servitudes, easements, water rights, wayleaves, drainage rights, sewerage rights and others at present existing whether formally constituted or not affecting the same, and our said disponee shall free and relieve us of all claims and liability of every kind in respect of any future interference therewith due to his operations in erecting buildings on the said area of land or otherwise and (Fourth) our said disponee shall before carrying out any operations or commencing the erection of any buildings on the said subjects hereby disponed submit to us for approval plans sections and detailed drawings showing inter alia the water supply and drainage arrangements connected therewith and shall give effect to any reasonable suggestion made by him in regard to said plans for the protection of our remaining property.
A lot of people have totally misunderstood Burden 2 'The Blue Strip'. I'll give you the simple answer 1) You cannot access the Blue Strip without first going on to *Private Land* 2) The Blue Strip *Goes through our kitchen*
@@ALTNABREAC I hope you can show valid planning permission for that kitchen extension then. The blue strip has access to the T junction at one end and access to the "road" marked in grey on the map joining to the next at the other end. Legally you would had to agree another roadway before the kitchen was built, equivalent to the changes made and this would then be on your titles.
@@ALTNABREACyou’re on shakey ground here and you should’ve have these conditions of your land ownership highlighted by your conveyancing solicitor when you purchased…
What a bore fest. Get a life and let Network Rial enter the land they need to access. You will only lose if it ends up in court. We really don't need all of the sovereign person sh*t imported into Scotland. The amount of weirdos who move to the Highlands and bring their oddball mindsets and problems with them is crazy.
@@ALTNABREAC Nah. Just someone bored sh*tless with folk importing divisive, irrelevant, rabble rousing guff from far afield. How you extrapolate that to 'racial' is beyond me, but you sound like someone who'd start a fight in an empty room, so that probably explains a great deal.
@@ALTNABREAC But one many of the Highlanders feel. Maybe sell up and move back to England. Sooner or later the locals will probably torch your house anyway. Alba Gu Brath!
@@AlexSmith-nq6uc It's obviously not. It's got sweet FA to do with race or nationality. It's a comment about the weirdos who move to Scotland's Highlands and bring their problems and odd world views with them, and they can be from anywhere. This guy could start an argument in a n empty room. The problem is obviously him and his wife, not NR.
I always find it highly suspect when someone doesn't give any details of the dispute in either the video or the description. Could you explain what you are blocking access to and why? While there may be a completely legitimate reason it seems suspicious since you obviously cross over their land just a few hundred meters away on a regular basis. EDIT - Isn't 'your driveway' the only access to the station?
The ONLY thing I can think of as to Network Rail's complaints would be Easements which by law means you HAVE to allow certain companies like Water, Electric and others to go on to your land to make repairs or access other land they can't do normally. This is however a civil matter not a police matter. They should also provide reasons as to why they need to access your land and out of courtesy, ask. The Easements is common and I have that on my house too and is on ANY ownership or Title Deeds belonging to land and property. You can own the land, but Network Rail MUST respect that and ASK for permission to access what they need by permission given to go onto your land. IF the do not, then this could be, not saying it would be as it depends, could be deemed tresspassing. The owner of the land will find what Easements are on the land and also the rights of a supply company like water and electric can ask for and shoul;d be given access if needed even if it concerns neighbouring land that needs repairs because they can't access that area any other way. There is proper laws etc that goes along with this and it is structured in such a way for BOTH parties. For Scotland? I am not so sure of this but it may be similar. I think Easements can be confused by some as pertaining to ownership. Covenenants are another thing which need to be observed. I think it best they provide solicitors for both sides to talk it through rather than call in the Police. It's so simple and seems someone in Network rail doesn't have a clue what they are doing. Btw, I study Project management which includes details such as these which will always need investigating and looking at the detail, I would also pay you a visit to look at the photos, satelite images, old land boundary maps with any current ones if they ahve changed and so forth, work out a solution with you that would avoid unnecessary conflict, show which part may need repairs and what will be needed etc. No written contract needed, a verbal is enough aka permission. Network rail is doing saomething I would regard as unnecessary and bordering on insanity. Communication, communication, communication. Negotiation, negotiation, negotiation. That's all. It's not hard.
You guys are amazing!!!! You took those two police officers apart, in the most educated, knowledgeable and polite way. Could you handle my divorce please?
if police arrest you, they must prove grounds for arrest send evidence to support their case to prosecutors. If prosecutors reject police case then you win
@@ALTNABREAC no problem send evidence to btp chief constable tell them to stop harassing you or you will take them to court to have police case torn to shreds
@@pmarmify For any arrest there has to be grounds , evidence of a criminal offence or a likelihood of a Breach of the Peace and a necessity as set out in PACE and without them any detention should not be authorised which means any arrest would be unlawful and allow for action to be taken against the police.
@@magnum2k I'm a law abiding citizen and had to litigate Hampshire police twice and won. Pace and people's rights mean nothing to some police officers.
As an ex-copper myself, the arrogant attitude of the landowner citing rules and regulations back at the police, there only to to a job, really winds me up. Let the police have their say, if you are innocent, let your tone reflect this. Both of the two police in this video are being very professional and civil. You could at least show respect to them. I got so sick of your BS, that I stopped watching the video after just a few minutes. To the two police, you have my support, and thank you for being courteous and respectful. You are both deserving of so much more respect, and both deserve a commendation for your professionalism.
They should stick to their fucxing job and not act as bully boys for network rail. Civil matter, not criminal. Abuse of power. And going by your arrogant comment you probably have no problem abusing people’s rights and operating outside the bounds of your lawful authority and jurisdiction.
@@RobFalla Man, you must have sprained a muscle reaching that hard. Right or wrong, the police are there, they didn't decide to go, their boss probably asked them to go. Is showing them respect and letting them speak really that vile to you? Not saying accept what they say, shoot, you can disagree with every single word and breath. But there's classy ways to handle disputes and this is not that.
The guy is a pain in the rear, the two Police officers are really patient. What a clown! To have a conversation you need all parties to speak not just those with the larger mouths. We are given one mouth and two ears people!
From the video it appears (if the picture he presented is correct) that he has shown multiple people his version and no one on the other side is listening. To send uniformed cops that have no jurisdiction just because they happen to work for you in another capacity can only be interpreted as an arrogant attempt at bullying. I have to admit that in similar circumstance I would be a PITA. It is a pity the reason that the rail company is requesting or demanding access is not discussed. If it is for temporary access to repair infrastructure (or to get rid of all the dammed insects because they are blotting out the driver's windows of passing trains) then he is being obtuse, if it is for a permanent land grab to build a siren testing station then he has my backing.
He was prepared,all the papers in his hand.You wouldn't protect your property from suckers?The cops were having fun n knew the story,already went for the same thing already.It's not in their juridiction n they know it!
If these clowns just wrapped up deliberately obstructing then the work would be done and they would be away, but that wouldn’t garner the online attention and sense of “standing up to the man” which they clearly crave, would it…
You think we should give our land away do you...Give yours away if you are not one for standing up for your rights. We will not be giving any of our land away and will continue to expose corruption like this.
These people are utter time-wasters! So I get there is an issue with the land ownership. So deal with it in court, let British Rail do their work and job done. Ahh, BUT that would mean no long-winded YT clip moaning about not having a warrant card or acting on Oath..FFS. Total Waste of time! Auditors used to do some good but now they are utter W***Kers, wasting Police time. BTW the Index map is far more accurate than the printed Satellite view. They are thieving land grabbers I have dealt with these many time si the past and I know, Index maps are a true reflection of teh boundary, not a printed satellite image from Land Reg online.. But then again they only want content for YT.. and the Police are always at the brunt of it.
well do they have a easement if you are restricting ,aintenance access that endangers the public you should be impriosned along with all the other jailhouse lawyers not that any of you are members of th Law Society however these officers are
FFS give the copper a chance to actually speak, you can then go and research their statement and move forward. That aside your wife read out that BTP have rights of arrest on what they are told is NR land, if they are instructed that the land is owned by NR then they can arrest you. This just needs to go to court for a judge to adjudicate.
@@RustyVanDoor It's a train station that opened in 1874 long before the couple moved in. they want to fence in public tracks just because they can't read a map properly and think the station access road is their driveway
@@TheHobohobbitwho cares. They go to court and between them, Network Rail and the courts it will be lawfully resolved. Cops need to keep their noses out of civil matters
Too many like this moving to the Highlands now, unfortunately being low population density means you get all these people who just struggle not to be a constant pain in the neck coming here to get away from people.
Yes. He wouldn't let the officers speak, and the accused them of not letting him speak when they managed to get a word in edgeways. I bet he's got a face that you'd never tire of slapping.
@@3991-m6uwell said, we want to be welcoming but folks like this don't make it easy. The railway has been there since 1874. Pretty sure it was there when they moved in and they knew it was there. It's used by around 2 ramblers per week average based on the last 5 years data.
Seems to me that you just being a nuisance. Scotrail want access to maintain the line. That, IMHO, is a good thing. Looking at your house on the Scottish land registry, the plan show that access road ('your driveway') as being split. Only half is on your side. You seem to be relying on the satellite imagery overlay. That has no bearing and is inaccurate. If they want to be as silly as you, they could use all the land to the side of the cattle grid. They can also put up a fence up against the North West face of your house. 'Your' gate to the side of the cattle grid is not on your land. Why couldn't you just let them have access and request that they make good any damage when they've finished?
Actually the Scottish land registry shows the entirety of the drive is outside their title. They’re just a couple of cocks. Unfortunately for them they are using the wrong things to establish boundaries. The edge of the drive is the edge of their title. Easily visible. Should have established that before buying it.
It's continuous access for eternity they want. They want public access to the station through the land. Which apparently the previous owner was ok with. Doesn't mean they have to be
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@@RobertJ-lk5bb Ahhh so they want to be pricks about things? Thanks for the explanation.
Misleading, click bait tagline. The police did NOT call to 'arrest'. They expressly stated they were were responding to 'a complaint of obstruction'. It's a civil dispute, so stop prevaricating and get it decided by a judge. Crap viewing.
nit picking at a warrant card is just getting pathetic. Get to the point the police are not there to know every single section. of every law ever. There are simply too many and they have been told to turn upFGS they are lackeys. They know it.
Yeah, watching the officers behave like private security was frustrating, especially once they acknowledged it was a civil matter. It's always disappointing to be continually reminded that the police are not on the publics side, but on the side of big corporations.
@@MadDog_RulesI think you miss the point. They are acting on information from the land registry. Unless the owner actually gets this dealt with with them and the courts. Then this will keep happening. The police are not adjudicating. The land registry looks to be out of date or misleading, but that’s all the info the have. The owner needs to address the civil matter, because because the rail company will keep calling them for access as they believe they are right as per land registry. Only a proper court order can fix this. It’s not BTP’s fault that there’s been a mistake by someone in the past with these borders.
Jesus. Why do people that live “off grid” always spout such bollocks about oaths and declarations. Surprised you didn’t start yapping on about sovereign rights.
@@simonedwardscamera What, so you wouldn't challenge the police if they came to your house in the city claiming you don't own your own land...what does 'living off grid" have to do with asserting your legal rights. Our home is our home. Just like yours is wherever you live. You would do the same I'm sure so your comment is utterly foolish.
I have lived a lot of my life in very rural places in Scotland my country of birth and know the challenges of living in rural places regarding transport.etc. If your not allowing the rail company to do repairs so that the rail line can continue running safely, then in my opinion your not being very community minded.
It would be extremely helpful for viewers if you could somehow, some time give us a summary explaining briefly exactly what the dispute is about. Is it basically a dispute over a border/access? If that is settled would there be any further problem in Netword Krail obtaining access? Are you xpecting some sort of compensation etc?
Network Rail have been publishing in the papers that it is all about access and safety, but the real reason is that it is a land dispute. Network Rail do not have any legal boundaries because they don't own the land. We want resolve matters fairly and lawfully. Thanks for your comment 😂
@@ALTNABREAC If they're saying it's about access - then clearly they're not saying they own the land. They don't need ownership - but you're talking aggravated trespass. In a similar way, utility companies have a legal right to access their networks on your land.
@@ALTNABREAC We live in the country, admittedly not near a railway line but with power and telephone lines, water and gas pipes crossing our land. The various utility companies need occasional access to inspect and repair the equipment and so long as they ask permission and leave things as they found them we all get along just fine. I don't know the background to this, but it looks like a mountain is being made out of a molehill.
@@ALTNABREAC To be fair, the RoS map kind of suggests your drive-way is not actually your drive-way, but a path along the /outside/ of your boundary to the train station. The fence which a former occupier/owner (I presume you bought this in 2019) put along the outside of the path to enclose it with the property may be wrong.
In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands? This railway station is in need of some sort of maintenance? Said railway station has neen closed for three months because of your argument that the access to it is your land? This comes at the detriment of the local community who are not able to use the railway station because of your argument? Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it" Or have I misunderstood? You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved. Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
What a load of nonsense, it's so easy isn't it to allow access through someone else's land? It would be a completely different argument if it was your garden in question. Boundaries are there as markers of private land, just like around your own property. The fact that it's near a railway line is immaterial unless a urgent danger exists which clearly there isn't currently. Let's all walk through your property because it's more convenient than going round and causes us all less grief. Your comments are pathetic and biased clearly.
Yes, it looks like they're in the house on the land beside the Altnabreac station - title CTH5589 on scotlis. And the path that goes beside their house is the only access to the station. The boundary on the ordnance based map appears to show this driveway as an access path to the station /outside/ of their boundary (alongside their boundary). Photos from google maps appear to show this path with BR signage on the path, giving the appearance of BR having rights to it. However, a boundary fence on the outside of path - and a gate to the station - which visually incorporates the path into their property. The other issue is the RoS map boundary appears to show access to their property as at a "kink" from the path - at about where the cattle grid is, which is again suggestive that the path is not in fact theirs. What they seem to be claiming is that when they switch to satellite that this shows the path clearly inside their boundary. But, satellite overlays often don't align properly - and I don't think they are in any way authoritative for boundary. They also seem to be making claims about alingment of trees in the map online and the satellite, but the online map is using just a generic "pattern" for trees - those are _not_ mapped trees that could be anchored to. One of the google maps is quite old, and seems to show a different layout, with some kind of car parking area perhaps and certainly better access. Also, from the RoS titles over the years, it seems the boundaries have been changed around a good bit in successive sales. Physically and title wise it looks like boundaries and usage has changed over the years. Perhaps some changes not quite official or in line with the title (e.g., the wire fence on the outside of the path, enclosing it, perhaps?).
@@adrianellis4497 The issue may be that the path may not be theirs by title. The RoS map suggests the path is not theirs. However, they or a former owner of the cottage, have put up fencing to enclose the path to the property. Someone would need to read the actual title and survey the ground to figure it out I guess.
HAHAHA! Coddywombler! IF People need to use the railway station (ie the public) they already have access to the railway, also the railway company obviously have TWO ways to access the station, the same way the public do and by the rails... @danmcintyre9176 1 day ago In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands? This railway station is in need of some sort of maintenance? Said railway station has neen closed for three months because of your argument that the access to it is your land? This comes at the detriment of the local community who are not able to use the railway station because of your argument? Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it" Or have I misunderstood? You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved. Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
@@freemanbynature That's the problem. This couple that have lived there since 2019 are trying to claim ownership over the station and the only access road that has been in public use since 1874. The RoS map show that they don't own it and the couple are trying to steal land owned by the public and Network rail
The BTP officers should never have been at their property in the first place because it is not a police matter! They acted unlawfully and Network Rail were using them to try and unlawfully arrest them on their own land! They had every right to tell the police they had no authority being there and getting involved in a land ownership dispute. The civil law process is for this. And abusing police powers that could have led to their arrest on their own land is most definitely not 'a storm in a tea cup' but unlawful.
BTP came 2 weeks AFTER we had already sent evidence to the Head of the Legal Department for Network Rail which proved that we did own our own driveway. Network Rail did not respond to our evidence. We sent exactly the same evidence to the Head of the Legal Department for Network Rail as what we showed to the BTP. www.gofundme.com/f/588854-altnabreac-cover-up
You might have a good case of heavy handed bullying tactics. Was there evidence on your computer that they opened it and if they did, they’ve ignored it and continue to bully you until you give in.
@@robertchapman6795 Hi, yes we have proof because they did reply to the message and avoided all the important information. Network Rail also did not give the information to their contractors QTS, they told them that they own our driveway.
@@ALTNABREAC well done for keeping and recording all the relevant information. Even what I saw in this video puts you in a good place. Be sure to keep an eye anyone attempting to illegally change boundaries. Good luck!
@@robertchapman6795 Thank you🙂
@@ALTNABREAC
Respect
When you stand up to
A Registered Multi-Million Pound Company & Their Corrupt Lawyer's
They Dont Care About Anyone
Or What They Do
They will use any means possible against you
That's why they're sending the Registered Business Gang
Cold Callers
To Your Private Property
Easiest Way To Sort Out Your Unwanted Registered Business
Cold Callers
Take Out A Registered Business Civil Court Injunction Out
Taken Their Rights Of Access Away frm Entering Your Property
For Harassment & Stress of Putting You guy's
In A Sate of Fear & Alarm
How many Video's are on
you tube
With The Registered Business Gang
Turning Up In Force
at Peoples houses
With
Fraudulent Documents
That are not signed by a Sheriff or Judge
When its Civil Case
The
Registered Business Police Gang
Know They Have No Jurisdiction
In These Cases
I dont know if you have any
CCTV fitted outside on your Property if not
Please get it
Motion Detection & Built in Microphones
Can be connect to several mobile phones
Especially if your out
& these unwanted cold Callers
Arrive
I installed mine in 2007 with built in microphones
Because of the amount of problems I had with
The Business Attached to my family home
The Amount of Unwanted Cold Callers frm the Registered Business Police Gang I was getting at my family home
Believe me they were not interested in our kids lives being put at Risk to do with
This Business
guy owns Business is a millionaire
Money Talks
It is quite clear to me that both parties are in the wrong and the rightful owner of the land are in fact the midges.
And she even prevented the midges from feasting on that cop's face. How cruel and inconsiderate of her.
Best comment 😂
It's quite clear the driveway is owned by us as proved by the land survey (you must have missed those videos?) and the police abused their police powers acting in a civil matter where they had no jurisdiction. We are absolutely in the right and NR will not take our land from us. You are therefore wrong.The fact you think it's amusing that we were threatened with arrest for aggravated trespass on our own land speaks volumes about your character. Doubt you would find the situation amusing if it was your land or a friend or family member's land.
😂😂😂😂
At least they weren’t sneeches. Fuckin’ star-bellied bastards. 😂
My brother had a dispute with British Rail years ago on boundary markers which were old sleepers erected on end in a dug hole. Brother noticed the sleepers had been moved into his land to take out a BR curve. BR denied moving them but photos from two children's Easter party egg hunt proved otherwise. The sleepers had jumped sideways after the first party.
These people should be charged personally and personally arrested. Then! given long jail sentences for trying to steal people's land.. land theft is unacceptable. So are these Jackboot Thugs
That's funny and alarming at the same time. I'm glad there were photos!
@@jeffwolf8018 fun fact. youtube has censored your comment. i had to use the ytcomment finder from kmcat uk in order to see this and another reply. i will now rectify it by giving you an upvote.
@@JaneAustenAteMyCat youtube had your comment hidden. hopefully me manually digging in and liking them will help undo this.
@@norwegiansmores811 Unfortunately most times it just makes the shadow-banning more difficult for the victim to spot. [Lovely thought though.]
Totally confused why police are getting involved in civil boundary matters. They have absolutely no jurisdiction.
Worse still, they are being asked to make a judgement that should be made by a judge or jury in a court of law.
Their job should be to execute legal warrants and enforce the laws only, not argue about property lines.
@@michaelalbert8474 yup
The police have been turned into a political force. They are now tasked with being an instrument of the state & its interests.
@j.j6028 so someone lied to the police then because it clearly isn't aggravated trespass
@j.j6028 so in this situation as I said; it is not aggravated tresspass. It is a civil matter.
Jesus f*ck, I'm halfway through & YOU STILL HAVEN'T LET THEM TALK. Update: even after you let them talk you interrupt & talk over them. Every time they talk you say "just let me finish . . .". How about you let them finish, just for once. Really, just for once. They have my sympathy. What are they even there to do? Arrest you? For what? They're just doing their job; let them speak, let them know that you disagree & then ask then ask them to leave. If you don't like them, get a restraining order.
Police officers abusing their powers against members of the public have your sympathy! -Oh dear, says everything about who you are. It is this mindset which has allowed this country to become a police state. Those BTP officers were already fully aware of the civil dispute and we have had to tell them many times previously that they have no right to come to our property harassing us when it is not a police matter. It was not their job to 'advise us' that we do not own our driveway. Or do you think the BTP are property lawyers and judges now? Because they certainly acted like they were!
@LizAltnabreac-u8h There's no abuse of police power here. They did not arrest you, slap handcuffs on & drag you down to the police station. These 2 low-level peons have been sent by their boss to explain the very-much-higher-ups opinion & were nothing but polite & respectful to you. If you hadn't spent 10+ minutes ranting at them this would have been a 2 minute video. It's like you have a boundary dispute with Tesco & spend 15 minutes ranting at some poor cashier every time you checkout. There is nothing you can say to these lowest rung on the ladder workers that will change the top people's minds. Your dispute is with Network Rail, not these 2 gentlemen.
Stick up a trail cam or 2, some "private property trespassers will be prosecuted" signs, send a letter to Network Rail legal department withdrawing their right of access (if that's allowed in Scotland) & inform them that every act of trespass will be prosecuted. If you have already refused access to BTP then you can take them to court over this visit but, again, your argument is with BTP, not these 2 individuals.
@ Those two 'low level' transport police officers are required to not only know the law but uphold it fairly and impartially - do you disagree with that? They were rightly being challenged because they did not know the law and were acting with bias and abusing their powers. In this situation and on numerous other occasions, the BTP have acted with total bias in favour of NR and outside their jurisdiction. We were writing to NR for months informing them they had no right to come onto our land without our permission and BTP were and are fully aware of this FACT. This is NOT the first time those two 'polite' officers have been sent by NR to harass us on our own land falsely accusing us of 'criminal trespass' for being on our OWN land. The BTP have known about the civil dispute since the beginning and as it is a civil dispute it is to be dealt with CIVILLY. The BTP 'low level' officers and their 'higher ups' have no authority or power to adjudicate on who owns our driveway but that is exactly what they did - that IS an abuse of power.
Have you not seen the video on our channel showing the same two officers returning to our property only a week later threatening us with arrest again because it was the 'opinion' of their 'senior command team' that we did not own our driveway. The 'opinion' of the BTP is IRRELEVANT and a police officer's 'opinion' does not amount to reasonable grounds to arrest us for a criminal offence for what is a civil dispute! If you think it's not an abuse of power for the police to be used against the public in this way by corporate bodies then you are on the side of wrongdoing and it's people like you that allows this appalling behaviour to continue because you think it's okay.
@LizAltnabreac-u8h I'm no legal expert but AIUI telling someone that they are on private property & requesting that they leave is an immediate withdrawal of any implied right of access. If they refuse to leave, point out that they will be prosecuted for trespass. Once you have their names & badge numbers, disengage completely & get a solicitor to lodge a private prosecution, perhaps adding Network Rail as a co-defendant if allowed. Turn up in court with your survey & video & see if the court agrees with you. If they do, Network Rail & BTP are done.
No-one can be arrested for trespass, it is a civil offence that only becomes a criminal offence in extreme circumstances. Do not engage with these people. No, I haven't watched any other videos, this one was quite enough. Any threats that BTP make about arrest are empty threats & should be laughed at.
1) Gather video evidence & prosecute them the next time they turn up.
2) Get your MP involved.
@@hlcdriver If you watch our other video when they return, we tell them to leave several times and they don't. The BTP would have arrested us because they've done it before! Even after giving warning that they had no right to come onto our land and would be committing trespass, the BTP then allowed NR workers to cut the lock off our chain lawfully in place securing our driveway and trespass on our land. Utter abuse of power to aid a corporate body.
We have written to local councillor Raymond Bremner and MSP Arianne Burgess - guess what, not interested. We have done things properly, NR have not. We have now raised a Court action against NR and they're still claiming we do not own our driveway even though it's registered in the Land Register of Scotland and a surveyor has proved it is within our registered good title.
They're all in it together - more people need to understand that the police. courts, government, public bodies, private companies are corrupt to the core and will abuse the law, manipulate the rules and do whatever is necessary to achieve their ends. I'm really pleased to see more and more people wake up to this and learning their rights, demanding accountability and challenging unlawful conduct.
I have to say the police officers here were unbiased and very patient with the land owners. Good to see after recent events
British Transport Police not Kiers private army that's why.
The land owners were very polite and patient with the police officers.
They had already arrested him already + they knew they were being film and put on Social Media. That is the only reason they were relatively respectful this time - otherwise they would've cuffed arrested him again.
I thought the police officers were very fair.
@@paulcooper5200 The land owners were very fair with the police officers, even thought the police officers refuse to learn the facts prior to this police "show of force".
To be fair the two policemen looked and sounded like they would rather be eating nails than visiting the landowners again. Appreciating the two landowners were cheesed off by the whole process, but they didn't half go on and would not let the two policemen speak. The correct approach would have been to simply say it was a civil matter that was being pursued legally and that they were no engaging with the Police. Cheerio!
@@welshgit ..... If it is correct that the people have been arrested or threatened with arrest on previous occasions, what are they supposed to do? The Police have turned up in an official capacity and the man asked them if they were going to abuse their powers again which indicates that action has been taken previously. If it is a civil matter why have the Police become involved, which makes them look like pricks in this incident.
Plod should have brought biscuits said nothing other than thanking for your time.
They work for us !
@@grumpyoldman-uk police are public servants they should have helped the citizen gather the proof for their case, not represent the business operator, I feel these police slightly tried to do that tbh.
@@boogboog8097 Sure, but these are just low tier policemen, so if their superior orders them to do something, they have to do it. Even if they obviously don't like it. It's the superiors who have to say "this is just bollocks and borders on harassment", especially if these people are in a registered civil dispute with Network Rail. These guys are doing their best, but the landowners are just done with it and these guys just suffer their wrath. To their credit, they ARE dealing with it in a professional way.
No, they work to uphold the law. If network rail have a right of access across the land that's it.
This bloke is a prat.
Those BTP policemen couldn't get a word in edgeways!!
So true - Bit of a one way conversation to be fair.
Don't talk over people. The owner is so full of himself. Watch the video and learn.
@@roundgarage yep. and his arrogant tone when he thought he was right(if he was or not)made him a total twat!!!!
These are the kind of people who only want their opinion heard and dont care about others. Too much tin foil in their hats. So far up themselves. I pity their neighbours
@@kiwissmp it sounds like they are fed up with continually having to prove their ownership. They are acting more calmly than I would under the same circumstances.
LOL! 9:45 "You're not going to find out why we're here unless you let us speak." Best part of the video.
We already knew why they were at our property - because NR keep sending the BTP to harass us. This was not the first time those two officers have been used by NR to harass us and tell us we do not own our own land! They repeat themselves and never listen to what we have to say because they are BIASED in favour of NR. This time we were going to make sure we told them they were acting unlawfully and we are so glad we told them we were livestreaming because they probably would have acted a whole lot differently like they have done before! Unfortunately, even after agreeing in this video it was a civil matter and left, they came back again only a week later threatening to arrest us for being on our own driveway and helped NR force entry onto our land by breaking our locks and chain to our driveway entrance! Criminals.
A grumpy neighbour assumed that I shouldn't be driving up a wide 'path' to access my house and soon afterwards I had the local authority workmen turn up with a row of new concrete bollards, saying that they were intending to install them in order to block my vehicle access.
Fortunately, I had a copy of my house deeds to hand and I was luckily there to see them arrive and I immediately realised what was going on.
They saw the deeds, and that I was entitled to have access by foot or by vehicle and they went on their way.
I wrote a complaint about this and I said that any further blocking actions would be a breach of my 'Human Rights'.
Never a word of apology.
You have the right of way they can piss off
Love the fact the only apparently Scottish person present visibly could not be arsed with this foolishness.
The legal recourse is through rea meanus facultatis which I know of after a developer extended their building to block the 9ft wide lane defined in our titles for free ish & access, blocking the rather important access for trucks-especially fire appliances
I took the precautions of getting a laser (total station instrument) survey which very precisely showed the encroachments plus the inaccuracies of the plans submitted by the developer plus inaccuracies of OS 1:1250 mapping and the amazing alignment of Thomas Kyle's dimensions defining the titles in 1857 and current mapping (original plans lost from Scottish Registers)
If anyone fancies a rea meanus case do get in touch 6 properties would welcome the compensation/remedial work to restore our ground to sky rights by removing the encroachment over 7 floors...
Just say you're 1/4 Syrian or something and accuse them of racism, make noise suggesting Twitter and the local leftist agitator group will hear about this.
@@TammyMartinBLUE Thanks Tammy. Much appreciated.
God those police men have excellent patience, well done guys.
they're supposed to, why the praise?
@@DavesFootballChannel Do you never praise anyone for a job well done? I pity your kids.
@@geraldd8493 i pity your parents!
@@DavesFootballChannel Me too! 😁
@ them too!
The police should not be involved at this point. Network Rail are using their power to make BTP do something they should not be doing.
The BTP should be refusing NR's requests. That's BTP's liability for getting involved, so BTP should be prosecuted and sued.
Seems like a civil matter to me, unless they're there to enforce a court order then they have no reason to be there.
Bullies
@@peterjames424 I think they were quite good actually, given their limited capacities. Had they greater capacities they would have refused the go and been perfectly within their rights to do so. Now they have created a liability for taking an unlawful action.
Clown land
Funny how when a corporation call the police, they attend, when a member of the public call the police, well, they don't tend to attend :().
You know these officers looked at where they had to go and thought "Ah Fuck!, not again". These 2 guys have been sent there and you can see by their faces, they'd rather be anywhere else.
Is that because they know they are just being bullies and they don't want to be bullies?
This is why it was important to engage, tire them out and make a big impression so the next time they are contacted to come out they can have a frank discussion with the network and possibly threaten charges for harassment. This is a civil case and could have been resolved by that one statement but this was very well done.
Many years ago there was a similar access dispute over a shared path in Hampshire, the Police file ran to over 400 visits. The complainant just would not follow the Courts advice.
@@deadly_dave Nah normally it's cause they want to trample your rights without pushback and accountability from an educated public, Camera's make them uncomfortable..
Scot the policeman refuses the midge net, then scratches his face off throughout lol.
Thanks for your comment 👍
😂😂😂
I thought the same 😂😂
Oh that's what it was 😅 I have never seen this before
Being a Scot he must be used to it! 🤣🤣🤣
Is that British way of discussion? Interrupting the other part when they are not saying what you would like to hear?
Get some manners please.
You new to this pair? Its their MO.
How about these two police officers go back to police law school and learn the law. They shouldn't have been at our private property for a civil dispute 'in the first place. It is NOT their job. They're hired NR security guards and were rightly challenged for their abuse of power. We've let those two same officers talk plenty of times on all the previous occasions they have been sent to us by NR to harass us and falsely accuse us of 'criminal trespass' and they never listen to us. They keep coming out to us harassing us. We quite frankly didn't want to hear their misunderstanding of the law and their powers in an attempt to manipulate the rules to aid their corporate masters again.
@LizAltnabreac-u8h.
If I block the M8, say that bit is my land, say I’m in middle of civil dispute with whomever, have a file full of documents with me, the police are still going to try to persuade me to move and likely eventually arrest me if I don’t. It’s exactly the same principle.
They are not by that action adjudicating the civil dispute, which might be valid. Or a complete fabrication, just a shakedown.
@LizAltnabreac-u8hI fully understand your frustrations with the land ownership issue but I think you need to understand why the police attended and at least give them a chance to speak and explain exactly why they are there. You were constantly butting in and never gave them a chance to speak. See my comment further up the page. Your frustrations should be with Network Rail and not the police; the BTP are not agents for Network Rail in any way, shape or form and you need to understand and accept that. Good luck with the land ownership issue cos I know from my own experience it can be a nightmare
@@corneliusrodes These two same officers have been sent to us numerous times by NR to harass us and they are fully aware that it is a civil dispute. Our issue is with BTP when they refuse to act with impartiality and stay within their authority. They repeat themselves all the time, never listen to us, and this time we made sure we got the legal position across. If we hadn't told the officers we were livestreaming them, they would have acted very differently! However, even though they agreed with us that it was a civil matter and left on this occasion, they returned to our property again only a week later to harass us and threatened to arrest us AGAIN for being on our own land. BTP is NR's personal security and they are not independent at all which they've proved in this situation repeatedly. Utter disgrace.
I have to say, out come of civil case aside, these officers display the kind of professionalism the public in any country should expect from Law Enforcement. Good job to them & hopefully you have a positive ending to the dispute that brought them to your door.
@@donaldhill3823 what, you think BTP acted professionally by abusing their police powers getting involved in a land dispute and acting with total bias in favour of NR! Just because they smiled and acted 'politely' doesn't make what they did any less unlawful. That is not the first time those two same officers have been used by NR to harass us. They are a disgrace. You need to watch the video showing those two same officers threatening to arrest us for aggravated trespass on our OWN land after they informed us that it was the opinion of their 'senior command team' that we did not own our driveway. That was not a decision for police officers to make. That is a decision for a Court.
@@ALTNABREAC Yes i do in fact think the BTP acted very professionally. while you acted like a ass
Network rail, need to show proof that they own the land. However the land owners have shown they own the land and not network rail. The problem is network rail doesn’t like being told, they think they can do as the please. When this is not the case.
The btp have no rights in being involved in this matter. But network rail want to bully the landowners.
Also, a little bit of respect would help too. Go inside and sit down and chat over a coffee away from the damn midges 😂😂
@@maximiliandegarnerinvonmon6457 Say that after you have been harrassed by the law acting on behalf of a company. Respect and civility become farcical after a point. The police acting polite and genial whilst threatening arrest is an illusion of civility.
@@nilslaw152 a lawyer there would go a long way.
to bad that the brits have a coward as a king. not once has he taken action to protect citizens rights.
They must have been hoping that people wouldn't know that the British transport police only have jurisdiction in train stations and airports.
Well done you two. Stick at it. Anyone in their right mind is with you on this.
We appreciate your kind words, thank you ❤
@@ALTNABREAC 9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say. Also knock off the freetard stuff about oaths. You know they're coppers, we know they're coppers, they know they're coppers. Keep it in the realm of reality, it'll help when you hand this over to a lawyer. If I saw this video and this was in my country I wouldn't be willing to represent you for all the money on Earth you've just said way too much.
@@ALTNABREAC Okay having watched more of the video I realised where the waffling nonsense is coming from, your wife. She's watching weird videos and getting weird ideas in her head. In future please ask her to go inside and handle it yourself. She's absolutely going to throw you under a bus with that nonsense, there's no excuse in 2024 to have pseudo-legal nonsense in conversation and judges are really harsh about that stuff now.
Buddy, never, ever allow the police on your property. Also, if they caution you, either say nothing or caution them back
@@timtam6442 I support the police, they've been on my property before?
Wow, thank heavens you aren't my neighbours
Well done for standing your ground. We need more people like you
Trespass is a civil matter; aggravated trespass is a criminal one. If you obstruct someone carrying out their normal daily job (for example) by trespassing, that's the aggravated bit. I presume that's where the cops come into it. Frankly, however, arguing land ownership with the police is silly: this is something that needs to be sorted out in court, by lawyers.
No tresspass law in Scotland
@gordonbeaton8131 And which Christmas cracker did you get that gem from?!
You might want to look up the Trespass (Scotland) Act 1865, as amended by the Criminal Justice Act 1982 (which reduced the penalty).
You may be thinking of the Land Reform (Scotland) Act 2003, Section 1, which grants access rights to land.
But that only grants the right to be on or to traverse land for very specific educational or recreational purposes. It wouldn't apply to being permanently on someone else's land because you think it's yours.
Not saying it is or isn't there land, mind. That's for solicitors, surveyors and courts to work out. But you can definitely commit trespass in Scotland. Though looking at those midges, I don't think I'd bother!
No such thing as trespass law in Scotland. The nearest equivalent is that you can cross[/enter] a private threshold as long as it is not for the purpose of committing a repugnant act (e.g. a criminal offence). Also the Right to Roam law in Scotland now means landowners cannot fence off ground to prevent people walking, etc (though it doesn't mean you can just rock up and pitch a tent in what is obviously somebody's private garden around their house).
Part of the problem that you also have here is that British Transport Police aren't actually British - rather they are English Transport Police whose authority extends into Scotland on rail networks and they end up trying to enfore English laws at the behest of an English company in bits of Scotland.
They would have to prove trespass and they cannot !
@@boogboog8097 Of course they would. All alleged criminal offences have to be proved beyond a reasonable doubt. Easily done, one way or another, I would have thought, with lawyers and surveyors. Point being, however, that the police arrest you regardless of guilt, provided there's a _suspicion_ of guilt. So, the police don't (and can't) operate to the same legal standard that the courts do.
You always want the PC to let you finish but you don't allow him to finish!
Oh, just noticed this from the newspaper, which might answer all the people questioning why the police are involved.
“Ian Appleby (46), of the Station Cottage at Altnabreac, appeared before Sheriff Ian Cruickshank and made no plea to all the accusations including of ignoring warning signs and trespassing on Network Rail land in dangerous proximity to the line.
The other charges were, while acting with another, culpably and recklessly standing on the tracks in the path of the oncoming train to the risk of injury and danger of life to you, the passengers and staff on the train; and behaving in a threatening or abusive manner which was likely to cause a reasonable person fear and alarm in that you did shout, swear and utter abusive comments towards two police constables.
His partner, 48-year-old Elizabeth Howie, a former police officer, also appeared on similar charges to which she made no plea. The charges were trespassing in dangerous proximity to a Network Rail track; maliciously interfering with the running of the railway track by standing on it and bringing trains to a halt; obstructing British Transport Police officers in the execution of their duty and behaving in a threatening or abusive manner.
Both were committed for further examination and released on bail to appear again in court in the due course of law.”😂
No wonder she is a ‘former’ PC! What a pair of muppets!
Well there we go... explanation provided. The problem with this video of course is that it cuts out before we ever find out what the BTP were there for.
Thanks for that. The giveaway for me was his running commentary and claims of peaceful discussions. Then believing that if he recorded his bs he would secure vital evidence.
What a pair of caber fiddlers.
Well, that certainly casts a different light on things. And I've noticed that the person posting this video hasn't even bothered to reply to your comment... speaks volumes.
Hmm…they didn’t film the abuse and standing on tracks did they?
railtrack have a history of not paying to access tracks through private land, block them and stop them. bring them to the table and you'll get a rolling contract for access rights.
Satellite imagery is not usable for this purpose. If this image is your only evidence, then you have lost.
It wasn't a 'satellite' image, it was an official ordnance plan from the Registers of Scotland of our title. It is obviously evidence because it is our title plan! Furthermore, we later had a surveyor survey our title and he confirmed what the plan already shows - that the entire driveway is wholly within our registered good title.
I've no interest in your legal disputes or who owns the land. The fact is that this station is closed because you are not letting people access the station. This intolerable situation should not be allowed to continue. The railway line and station was built by the Victorians with blood sweat and tears through the remote Scottish highlands, and it is there as a public amenity for the good of all to enjoy at all times and the fact that you are preventing this with your small mindedness is a disgrace. I sincerely hope that Network Rail will resolve this soon, with compulsory repossession if necessary.
Well we do care about our land rights and we will not give our land up to NR. Please direct your frustration and complaint to NR because it is solely due to their dishonest and appalling handling of this dispute the station was closed and remains closed. Your support for companies abusing the law and trying to take people's land from them is a disgrace. Let's see how you react when it happens to you.
Sounds like a big company trying to walk over the little people
Thanks for commenting 👍
Sound a bit like the post office doing whatever they want against the small man, stick with it
@MichaelBradley-j6z - Déjà vu ... David vs. Goliath! 🤣 ... ( David won BTW! 🤪)
It's attempted theft.
Network Rail own the land the platform is built on, it’s well documented.
I hear you, as I am going through the same thing but with a new neighbor. You have a good and friendly team of officers there to help / listen.
Go to court with Network rail and get a document about this. Put it up beside the gate so you do not need to explain anything to the police.
@@kt5661 I can see who you work for. The side of the BIG PRIVATE EXPLOITERS OF THE NATIONS WEALTH.
@@kt5661whilst they may access private land, they do not own it, and therefore cannot prevent the owner from accessing it.
Out of interest it states access is for maintenance and accident prevention, looking at the video it's difficult to work out which if any applies.
@@kt5661maybe but ask permission first or you could infact have your grandchildren playing NR the railway line question is this line still in use don't look very bizzy there
@@tonypriest3567first of all what if they did ask permission and they said no what then and railway lines run all over the country not just to busy places and as for grandchildren playing near a railway line it should be drummed into them not to be on or close enough to one to get hurt by a passing train or any works on the line it’s that simple
I believe the dispute is over who owns the land not the ability or right to access, a subtle but significant difference.
I think the two officers were completely reasonable .
Especially as the man and woman would hardly let the police get a word in……
even if they were abusing their authority, they have no jurisdiction, didn't have a warrant card, didn't state their names, rank. numbers and that they were recording. You must work for Network Rail
@@jackryder-sw9rkyou obviously missed the part at the start of the video where they clearly stated their names and numbers. Warrant cards only need to be displayed in plain clothes.
@@mikesmith6900 they were asked they're required to give it immediately furthermore he is required to have his warrant card with him.
I agree, I don't see what all the fuss is about. The police officers were being very reasonable. The title is clickbait.
If I had been the officer without the midge guard I would have gone back to the police car and closed the windows.
Stupid man refused a bug net because of "vanity" and suffered for it..🤣
Indeed, may face got really itchy just watching that! Nice to see a really civil conversation between the two parties though.
He was a mess😂.
A little bit of karma l😉
In his ears, up his nose, up his sleeves, aaaaaaagh😱He should have left his card instead and must have been just itching to go.
Yeah idk why he didn't use the net they gave him, I mean sure you look silly wearing it - but you look sillier freaking out and flailing. I felt so bad for him.
No survey markers to establish exact property boundaries?
12:30 - notice that on the land registry image it shows the property boundary of the house south of them ending at the access road, yet on the drawn overlay at 12:36 it's been shifted so the boundary is halfway across the road.
Interestingly that means if they succeed then they have been trespassing the entire time they have been accessing their own property.
It seems they are just being a problem for no reason, it's a public station.
Network Rail will not have sent BTP to arrest anyone. A dispute agreed by the officers to be civil and outwith their criminal based jurisdiction. What strikes me is that the householder is rather unwilling to listen. Very civil and that is good but trying to imply that BTP are being sent by anyone. A complaint has been made and the officers have a duty to determine facts but not to be brow beaten. They were both being very professional and it's a pity the header on this item implies any intent on their part to throw their weight around. I know for a fact that BTP are very, very aware of allegations of bias towards the favour of railway companies. Thankfully, those days are LONG gone. They aren't railway police, rather they police the railways.
You need to get a court ruling stating that you own the land. After that, any further harassment by NR or BTP could be considered contempt of court.
Wrong.
That's what deeds are for.
Why bother wastimg time and money of the courts?
Surely it is up to Network Rail to get an adjudication saying otherwise. The landowner has evidence to prove ownership, let Network Rail bring a case and pay all the costs involved to prove otherwise.
Complete rubbish. A court would have to rule that somebody isn’t allowed on or near the land, and that person would have to go against that court order to be in contempt of court.
A court order ruling ownership of land doesn’t mean anybody would be in contempt for trespassing on it.
Isn't that was deeds are literally for?
I don't know the system in Scotland but in England and Wales these land disputes are sorted out by the HM Land Registry. This is NOT a police matter, they should NOT be there. I would not deal with them at all.
They tell the police to let them speak but its the police who cant get a word in! Most accommodating police I've ever come across.
Most corrupt police you should be saying. Abusing their police powers by acting as personal security guards for Network Rail. Let them speak?! They should not have even been there and should have left as soon as they agreed it was a CIVIL MATTER.
They were to arrest them on a civil matter and this was not the first visit. They didn't need to speak to the police, but they wanted to get video evidence. If you think police acting like private security to tread on your rights, is them being accommodating, then i have some yellow snow to sell you.
@@MadDog_Rules When did they say they were there to arrest them? I never heard that.
@@u539771The landowner said " are you here to arrest us again,and breach section 38 like you did last time?"(harassment?).....the police officer replied" let's hope it does not come to that!"( passive aggressive threat) indicating an arrest could be executed!....but on what grounds one wonders?....as this is clearly a civil matter! And a dispute over land boundaries has nothing to do with the police! Why the police were ever there claiming ( on the behalf of the railway) the landowners did not own the assess road to their property( at the expence of tax payers)....is an abomination!....
@@joanofarc8099 So, by your own statement above, the police DIDN'T say that.
I rest my case.
Gotta be honest, out of a 15:31 min video you spent most of that ranting at two totally polite police officers repeating let me finish many times whilst never really letting them talk!
Yes and made a few hundred quid in TH-cam vid views at the same time which is the whole point of these two shysters ..Both playing to the cameras ..What a bunch of con merchants
Such a British confrontation, incredibly polite
With a passive aggressive undercurrent
Britain is not a country ffs
@@saorsa5 did someone say it was?
Is there really any need to do it any other way?
@@edpp3687 Not from the police, but from the poster.
How many court cases are these two involved in?
All over exactly the same land they want to dispossess us of. Don't believe what you read in the papers!
How many channel names do you have Daniel, sorry Joolz.............Desperate troll.
This guy keeps asking questions but interrupting the officers. Then asks them to let him finish.
“By the way I’m live streaming!”
*Policeman: starts doing his hair*
😂😂😂😂
No its the midges!
I’ve never heard such entitled rubbish talked by ‘Little Englanders’.
Say there’s an accident on the railway by the station. Are you suggesting that no one should be allowed to come and carry out a rescue as well?
Of course they have a need to access their property to carry out maintenance. You should welcome their doing so.
Get a life!
“The map view is for indicative purposes only”. You need some proper legal advice, not the Sheriff. God save us from amateur lawyers!!
What are you talking about, the plan was from the Registers of Scotland and an official plan of our title - what more evidence is required! It was our title plan! Not that we were obliged to show anything to the BTP officers anyway because it is a CIVIL matter. Our surveyor subsequently confirmed what the plan already showed - that the ENTIRE driveway is within our title! It was the BTP acting as 'amateur lawyers,' which was usurping their police powers which is an abuse of power. We are landowners and know what we own!
Jesus man… Let them speak ffs.
When I was a young cop, the number of domestics over fence/garden perimeter line disputes we went to was silly, we used to turn up, say it’s a civil matter, see a solicitor, then we went off for a cup of tea and biscuits two minutes later😂
I found it very irritating watching this video. The police are being very patient trying to help you and yet you take a very combative approach and try to make them look incompetent. You and your partner are constantly talking over each other. Not entirely sure what you hope to achieve posting this video other than just storage of your evidence.🙁
Nice cops. What a pickle. Those boundary maps are clear as soup.
@@zoneadmin-n6c Not according to the surveyor. His professional view is that anyone with basic map reading skills can see from the base ROS ordnance map that the driveway is wholly within our registered title and this was later confirmed by the survey done. I guess you cannot read a map then!
9:45 - "You're not going to find out why we're here if you don't let us speak." That was actually righteous, you spent ten minutes solid droning on and on and not giving them a chance to say a word. You need to calm down. In situations like this, speaking is the WORST thing you can do. You need to learn to use silence. That doesn't mean act like a plonk American and just give them nothing, but be selective with what you say.
Silence shows that you dont know the law you must make a first good impresion then let them speak after they know you not some dumb average joe that they can do what ever they want.
@@diogoduarte6667...what nonsense. Two ears, one mouth.
@@diogoduarte6667 But their first impression is being beligerent. It was my first impression too "stop talking, stop interrupting the police, let them tell you why their there in stead of guessing and feeding them information". He says "you have the right to remain silent" for a reason.
What is a plonk American?
Boundary is irrelevant if NR have right of easement
Which they almost certainly will have. But whether the current owners of the land are aware of this, may be another matter. I mention this, having been in a similar situation myself.....
Yeah so that's the trouble. There is no right of access for the railways.
The railways previous access was via Toll.
Is that road not a through road access that NR need to use though? In which case they'd be allowed to use the road.
They seemed pretty reasonable compared to the people behind the video.
The fact you think two corrupt BTP officers are 'reasonable' is pretty concerning...You think we're unreasonable for telling the police officers they had no power to act in a civil dispute?
@LizAltnabreac-u8h Corrupt? They agreed it was civil and just wanted to explain what was going on? They were sent by higher ups, to give them shit is childish and downright pathetic. If there is an issue why didn't the people go to higher ups instead of spewing stupid code only to then claim racism in comments?
Good god, those poor police were trying to do their job, were being friendly and relaxed towards you, were open to conversation and clearly just trying to get to the bottom of the matter, and you were SO abrasive, just immediately "are you going to abuse this that and the other and we don't think you're going to act impartially" and not letting them speak. All while getting eaten alive by midges. They had so much patience with you, far more than I would. Well done police officers.
you are a complete idiot they were not abusive to the police,nobody should have to go to that extent to show they own there own land ,these cops were so tough 1 had to get a midges net to protect him what a wally, would love to know what land you own,guess what i bet its nothing
You believe police officers abusing their powers is a good thing! Doesn't matter if they did it with a smile and were being 'friendly', they still acted unlawfully. That was not the first time those two officers have been sent to our private property by NR to harass us. They had no right to be at our property 'advising' us in a land dispute claiming we did not own our own land. That IS acting without impartiality so we were right when we told them we do not think they acted impartially. If they had been acting as they should with impartiality, they would have told NR they refused to attend because it is a land dispute and it is NOT a police matter. That is how they should have dealt with the situation. Those same two officers returned to our property only a week later and assisted NR to gain unlawful access onto our driveway. Utterly disgraceful conduct.
This is what happens when idiots think they can do everything and are given a camera.
Who brought the guns?
@LizAltnabreac-u8h stick up for your rights,obviously some people do not watch the entire video from start to end,cos it is clear to me that these and perhaps other officers have been here multiple times and rather than let them tell there pathetic side again which you prob have heard loads of times.and waste yours and there time you quite correctly told them all about, the research you had done and the legall requirements,cannot see the problem of sticking up for what you think is correct,hope you take em to court and get a big payout just for all the grief and worry these thugs are putting you through,GOOD LUCK
Perfectly fair and reasonable officers, you sir are pedantic.
Police officers harassing landowners by repeatedly coming to our property falsely accusing us of ' criminal trespass,' 'advising' us that we do not own our driveway and threatening us with arrest for a civil matter is NOT reasonable and fair. It is bias, unreasonable, unfair and abuse of police powers. Unless you think BTP are qualified property lawyers and judges now....BTP should stick with what they should be doing - police work.
Exercising your rights is all fair & good, but putting up legal barriers before engaging is not helpfull. Listen to them & engage with them as people first. Then agree or disagree when the details are clarified. It's a civil matter which they are clearly aware of & they are doing what they're told. A cup of tea work wonders, let a solicitor deal with their employers.
@@24516132 Those two officers are fully aware of the civil dispute and had they been acting professionally and without bias they would have told NR they refused to attend to deal with a land dispute which they already knew was ongoing and should have told NR to deal with it through the civil route. Instead they decided to act with total bias and usurped their role by trying to 'advise' us on what land we own! Not their role and they had no business coming to our home to harass us.
My family suffered a similar problem. It seems to me that the police are acting as judges and jury. They have no right to approach you over this civil matter. This is a case of harassment for the purposes of intimidating you and misleading to believe you are in the wrong. You should ask them why they are representing British Rail and not you as a law abiding citizens. I would most definitely make an official complaint and approach your local MP over the matter. You are not the ones contesting this. Sue to prove your point. The stress must be unbearable, and my sympathies are with you and wish for the best outcome for you.
Thank you for you supportive and encouraging words. Very much appreciated.
It’s a shared driveway , if lies are your defence . You have none.
It's not.
The cops should have left him and let the lawyers drag his pompous English arse into the nearest Scottish Court.
Notice how polite everyone is compared to American citizen/police interactions.
When asked their names and ID, neither cop said "right here". Both were polite, No one said, sit on the ground, get your hands out of your pockets, or were "patted" down for officer safety.
Amazing. Why can US cops be so civil instead of barking orders?
On the face of it the main aggravator in this situation appears to be Network Rail, not the police. Network Rail are the ones who made the complaint to the police regarding ‘aggravated’ trespass. The police have a duty to respond to certain incidents with the alleged ‘aggravated’ element being the reason they became involved on this occasion. If they had not attended after receiving a report of an ‘aggravated’ incident (that ended up turning nasty) then I’m sure we’d all be up in arms if the police did not attend. The police were just doing their job and responding to a report from Network Rail. They were not ‘laying down the law’ with regard to the ownership of land. They were very aware that the land ownership issue was a civil matter; that is not why they were there. Both officers were very professional and were not in my opinion biased at all. You have to appreciate that they have to respond to complaints from members of our society from all walks of life and attend (as in this situation) to speak with the other parties. This allows them to gain a full picture of the situation and then make an assessment on whether any offences had actually taken place. There was no 2 tier policing (yet another ill informed label) here. As for Network Rail, they are the bullies.
It’s important to remember, just because you are recording doesn’t make you right.
We are right: We own the driveway. We are right: The officers had no jurisdiction to deal with our land dispute and abused their powers attending our property 'advising' us we didn't own our driveway and responding to a false complaint from NR that we were 'trespassing' on our own driveway.
@ ye-es… I could possibly add the use of the colon does not make you right. I have no idea about the situation, I would assume they have rights of access over your land, I would also assume even if that is not on your title it is probably unavoidable that they can claim rights of access by being a proxy/government agency. Worst case they could always get rights of access by compulsory purchase. And I would assume the transport police are there to make sure that they can carry out their job safely and without interference. I’m not saying they are nice, the situation is logical or ideal, or that they carried it out in the correct way. But fundamentally, it’s a national agency - they can do what they want because they are doing it on ‘our’ behalf.
@@ciarantaylor367 Exactly, you 'have no idea about the situation' because you've obviously not watched all of our videos where we show the surveyor confirming we own the entire driveway. Furthermore, NR are not claiming to have 'access rights' over own land, they're falsely claiming to own it. Your assumptions don't cut it so what is the point of commenting based on 'assumption.
I will clarify for you one more time: we own the land, NR do not. If NR want to access and use our land, they require our permission like they got permission from the forestry company to use their private tracks to get to Altnabreac and to use their land for other reasons. That's the position. It's really a very simple solution but unfortunately NR want to abuse the law and try and take our land from us rather than doing things the right way. As a result, the station remains closed to the public which is solely the fault of NR although they've tried their best to place the blame on us.
You may support NR abusing the law to take people's land but we do not and NR will not take any of our land, I assure you of that.
@@ciarantaylor367 NR had no right to be on our land and as it is not railway property but private land, BTP had no authority in the situation. The BTP do not adjudicate on land disputes. The BTP should have refused to attend but instead acted with total bias and assisted NR in gaining unlawful access onto our land. NR and BTP are an utter disgrace.
@LizAltnabreac-u8h
They absolutely DO NOT require your permission to access their infrastructure for evaluation, maintenance and repair.
Sounds like the kind of people to die in a housefire after removing the smoke detector "spying devices" 😂
The officer said he agreed it was a civil matter and that it was not his jurisdiction and then proceeded to get out your title plan for the property to 'advise' you that you did not own your own driveway! It was not for a police officer to 'advise' you that you did not own your own land as he is not qualified to do that nor does he have the authority to get involved in a land dispute between parties. So what if his 'opinion' was that you didn't own it? He would have gone ahead to arrest you! That is biased policing for sure because he would have decided all on his own that you did not own it based on his unqualified 'opinion.' It is not for the police to decide who owns what land in a land dispute. Totally unlawful of them to get involved.
"The officer said he agreed it was a civil matter and that it was not his jurisdiction".................. that should of been end of story for the Police
@@Loveofthetruth-m4w I like the way he was shut down immediately in that he was not there to adjudicate on whom owned the land.
@@kt5661 Section 14 of the Railway Regulation Act 1842 allows network rail access to private land in an *EMERGENCY ONLY* and you know this really because your a train enthusiast!
@@kt5661CIVIL matter
And under the Human Rights Act the owners of the property are entitled to free, peaceful, undisturbed, and lawful use of their property.
I'm sure these people would allow access in a genuine emergency, but otherwise they are under no obligation whatsoever to cooperate with Network Rail, nor even the Police.
For Network Rail to say a valid document showing ownership is "just a piece of paper" is a laughable concept as it would invalidate every single document.
Network Rail needs to take the matter before a court if it believes they can question the ownership documents for the court to decide, especially as the Land Registry isn't always up to date as properties exchange hands. Also there can be doubt and dispute as to the ownership of land that is under the boundary lines dtawn on maps. It can come down to a matter of inches.
This totally sounds like Network Rail wants to quickly force itself in there wuthout agreement or due process.
If I was the land owner I'd be looking to put up a lockable gate. First it'd keep unwelcone people out at least initially. Any cut locks or chains would be criminal damage and a wireless camera could look over the gate. And by putting a gate in it'd force NR to go through a proper legal process to get access or dispute ownership.
They may not own the land but they more than likely have access rights to it
Is there not a right of access law in Scotland ? Like my neighbour can come across my land to repoint their garage brickwork if the garage is on the boundary line ?
Cant see what the big deal with allowing access to repair the railway is, its just you trying to make a fuss over nothing and being awkward.
Have a look at the view count. They're making money out of this.
Absolutely nothing in law says officers have to have their warrant cards whilst in uniform. They need them in plain clothes to identify themselves as officers, when in uniform the uniform does that.
Show me where it states that in law. If a member of the public asks a police officer to show their warrant card to verify that they are indeed a police officer, they need to produce it upon request. That's why they should have their warrant card on them at all times. Ever heard of the offence of impersonating a police officer?
@ Show me the law that says this.
PACE states the officer needs to show their warrant card if doing a search in plain clothes.
There is zero law that requires uniformed officers to show their warrant cards.
Saying "They need to" isn't the same as it being true. Wanting something to be the law doesn't make it the law.
Some forces have this as a policy but it simply isn't law.
Oh and I am fully aware of the law thanks as an ex police officer who is now a lawyer.
@@stalwart263 Policy has to be followed and if an officer is breaching 'policy' then they should be held accountable. You're a 'lawyer' in the US because we have solicitors and barristers here?
The bottom line is that a police officer's warrant card is their police ID and they should have it with them ready to produce it whenever asked by a member of the public and if they do not have it on them then that's a breach of policy.
The PACE requirement making it mandatory for plain clothes officers to produce their warrant card is because they are in plain clothes. Uniformed officers still have to carry their warrants with them because it is their professional Identification and must produce it upon request. Not very professional to 'forget' to have it with you is it!
Yes I am British. And an ex police officer.
And it's still not the law.
Some forces have it as policy. Most don't.
It's not "forgetting" to have it if there is no requirement to carry it or show it.
The term lawyer describes any licensed legal practitioner in the UK. They are not all solicitors or barristers.
@@stalwart263 Please show me that BTP Inverness do not have a policy.
Never allow cops onto your property without a warrant.
You are completely wrong. Your title CTH7726 contains a burden... Burden 2
Disposition by The British Railways Board to Robin MacDonald Sinclair and his executors
and assignees, recorded G.R.S. (Caithness) 13 Jun. 1969, of that lot or area of ground
situated at Altnabreac in the Parish of Halkirk extending to 0.340 acres, of which that part of
the subjects in this Title tinted pink and blue on the cadastral map form part, contains the
following burdens:
(First) our said disponee and his foresaids shall be bound forthwith to enclose in so far as
not already done by erecting along the boundaries of the said subjects hereby disponed
suitable fences and to provide and hang gates at either end of the access hereinafter
specified which fences along with those fences already existing on the boundaries of the
said subjects and the said gates shall be maintained and upkept at the sight and to the
satisfaction of us the said British Railways Board and our successors at the sole expense of
our said disponee and his foresaids;
(Second) Reservation in favour of us and our foresaids of a heritable and irredeemable
servitude right of access for vehicular and pedestrian traffic over the strip of land tinted blue
on the said map;
(Third) Declaring that the subjects hereby disponed are so disponed always with and under
all access rights, servitudes, easements, water rights, wayleaves, drainage rights, sewerage
rights and others at present existing whether formally constituted or not affecting the same,
and our said disponee shall free and relieve us of all claims and liability of every kind in
respect of any future interference therewith due to his operations in erecting buildings on the
said area of land or otherwise and
(Fourth) our said disponee shall before carrying out any operations or commencing the
erection of any buildings on the said subjects hereby disponed submit to us for approval
plans sections and detailed drawings showing inter alia the water supply and drainage
arrangements connected therewith and shall give effect to any reasonable suggestion made
by him in regard to said plans for the protection of our remaining property.
A lot of people have totally misunderstood Burden 2 'The Blue Strip'. I'll give you the simple answer 1) You cannot access the Blue Strip without first going on to *Private Land*
2) The Blue Strip *Goes through our kitchen*
@@ALTNABREAC I hope you can show valid planning permission for that kitchen extension then. The blue strip has access to the T junction at one end and access to the "road" marked in grey on the map joining to the next at the other end. Legally you would had to agree another roadway before the kitchen was built, equivalent to the changes made and this would then be on your titles.
@@felixdacat8361 Don't be so ridiculous!
@@ALTNABREACyou’re on shakey ground here and you should’ve have these conditions of your land ownership highlighted by your conveyancing solicitor when you purchased…
What a bore fest. Get a life and let Network Rial enter the land they need to access. You will only lose if it ends up in court. We really don't need all of the sovereign person sh*t imported into Scotland. The amount of weirdos who move to the Highlands and bring their oddball mindsets and problems with them is crazy.
Sounds like a racial motivated comment from a cold and darkened bitter heart.
@@ALTNABREAC Nah. Just someone bored sh*tless with folk importing divisive, irrelevant, rabble rousing guff from far afield. How you extrapolate that to 'racial' is beyond me, but you sound like someone who'd start a fight in an empty room, so that probably explains a great deal.
@@ALTNABREAC But one many of the Highlanders feel. Maybe sell up and move back to England. Sooner or later the locals will probably torch your house anyway. Alba Gu Brath!
How on earth is it “racial”?!!
@@AlexSmith-nq6uc It's obviously not. It's got sweet FA to do with race or nationality. It's a comment about the weirdos who move to Scotland's Highlands and bring their problems and odd world views with them, and they can be from anywhere. This guy could start an argument in a n empty room. The problem is obviously him and his wife, not NR.
Compulsory purchase order should take care of that.
For £5. Station's been closed for nearly two years because of this dispute.
@@andrewroxburgh423 doesn’t compulsory go on market value?
There's a train station called Altnabreac, so presumably they own some land there?
You presume wrong. 😃
@LizAltnabreac-u8h Who owns Altnabreac train station?
I always find it highly suspect when someone doesn't give any details of the dispute in either the video or the description.
Could you explain what you are blocking access to and why? While there may be a completely legitimate reason it seems suspicious since you obviously cross over their land just a few hundred meters away on a regular basis.
EDIT - Isn't 'your driveway' the only access to the station?
That title is very misleading
The ONLY thing I can think of as to Network Rail's complaints would be Easements which by law means you HAVE to allow certain companies like Water, Electric and others to go on to your land to make repairs or access other land they can't do normally. This is however a civil matter not a police matter. They should also provide reasons as to why they need to access your land and out of courtesy, ask.
The Easements is common and I have that on my house too and is on ANY ownership or Title Deeds belonging to land and property. You can own the land, but Network Rail MUST respect that and ASK for permission to access what they need by permission given to go onto your land. IF the do not, then this could be, not saying it would be as it depends, could be deemed tresspassing.
The owner of the land will find what Easements are on the land and also the rights of a supply company like water and electric can ask for and shoul;d be given access if needed even if it concerns neighbouring land that needs repairs because they can't access that area any other way.
There is proper laws etc that goes along with this and it is structured in such a way for BOTH parties. For Scotland? I am not so sure of this but it may be similar. I think Easements can be confused by some as pertaining to ownership.
Covenenants are another thing which need to be observed. I think it best they provide solicitors for both sides to talk it through rather than call in the Police.
It's so simple and seems someone in Network rail doesn't have a clue what they are doing.
Btw, I study Project management which includes details such as these which will always need investigating and looking at the detail, I would also pay you a visit to look at the photos, satelite images, old land boundary maps with any current ones if they ahve changed and so forth, work out a solution with you that would avoid unnecessary conflict, show which part may need repairs and what will be needed etc. No written contract needed, a verbal is enough aka permission. Network rail is doing saomething I would regard as unnecessary and bordering on insanity.
Communication, communication, communication. Negotiation, negotiation, negotiation. That's all. It's not hard.
So you didn't let the Police speak for 15 minutes and we've learned nothing.
You guys are amazing!!!! You took those two police officers apart, in the most educated, knowledgeable and polite way. Could you handle my divorce please?
if police arrest you, they must prove grounds for arrest send evidence to support their case to prosecutors. If prosecutors reject police case then you win
Thanks for commenting 👍
@@ALTNABREAC no problem send evidence to btp chief constable tell them to stop harassing you or you will take them to court to have police case torn to shreds
Say nothing, remains silent
@@pmarmify For any arrest there has to be grounds , evidence of a criminal offence or a likelihood of a Breach of the Peace and a necessity as set out in PACE and without them any detention should not be authorised which means any arrest would be unlawful and allow for action to be taken against the police.
@@magnum2k I'm a law abiding citizen and had to litigate Hampshire police twice and won. Pace and people's rights mean nothing to some police officers.
Watching this was making me itchy, bloody hell !
Thanks for your comment 👍
Me to😂😂🏴👍
As an ex-copper myself, the arrogant attitude of the landowner citing rules and regulations back at the police, there only to to a job, really winds me up. Let the police have their say, if you are innocent, let your tone reflect this. Both of the two police in this video are being very professional and civil. You could at least show respect to them. I got so sick of your BS, that I stopped watching the video after just a few minutes.
To the two police, you have my support, and thank you for being courteous and respectful. You are both deserving of so much more respect, and both deserve a commendation for your professionalism.
They should stick to their fucxing job and not act as bully boys for network rail. Civil matter, not criminal. Abuse of power. And going by your arrogant comment you probably have no problem abusing people’s rights and operating outside the bounds of your lawful authority and jurisdiction.
@@RobFalla Man, you must have sprained a muscle reaching that hard. Right or wrong, the police are there, they didn't decide to go, their boss probably asked them to go. Is showing them respect and letting them speak really that vile to you? Not saying accept what they say, shoot, you can disagree with every single word and breath. But there's classy ways to handle disputes and this is not that.
They should not have been there in the first place ya deekhed!
@@RobFalla
BTP responding to rail property related matters?
Jesus, you're 'speshul'.
The guy is a pain in the rear, the two Police officers are really patient. What a clown!
To have a conversation you need all parties to speak not just those with the larger mouths. We are given one mouth and two ears people!
From the video it appears (if the picture he presented is correct) that he has shown multiple people his version and no one on the other side is listening. To send uniformed cops that have no jurisdiction just because they happen to work for you in another capacity can only be interpreted as an arrogant attempt at bullying. I have to admit that in similar circumstance I would be a PITA.
It is a pity the reason that the rail company is requesting or demanding access is not discussed. If it is for temporary access to repair infrastructure (or to get rid of all the dammed insects because they are blotting out the driver's windows of passing trains) then he is being obtuse, if it is for a permanent land grab to build a siren testing station then he has my backing.
He was prepared,all the papers in his hand.You wouldn't protect your property from suckers?The cops were having fun n knew the story,already went for the same thing already.It's not in their juridiction n they know it!
If these clowns just wrapped up deliberately obstructing then the work would be done and they would be away, but that wouldn’t garner the online attention and sense of “standing up to the man” which they clearly crave, would it…
You think we should give our land away do you...Give yours away if you are not one for standing up for your rights. We will not be giving any of our land away and will continue to expose corruption like this.
These people are utter time-wasters!
So I get there is an issue with the land ownership. So deal with it in court, let British Rail do their work and job done. Ahh, BUT that would mean no long-winded YT clip moaning about not having a warrant card or acting on Oath..FFS. Total Waste of time!
Auditors used to do some good but now they are utter W***Kers, wasting Police time.
BTW the Index map is far more accurate than the printed Satellite view. They are thieving land grabbers I have dealt with these many time si the past and I know, Index maps are a true reflection of teh boundary, not a printed satellite image from Land Reg online.. But then again they only want content for YT.. and the Police are always at the brunt of it.
well do they have a easement if you are restricting ,aintenance access that endangers the public you should be impriosned along with all the other jailhouse lawyers not that any of you are members of th Law Society however these officers are
Nice try police and network rail. Well done guys for sticking up for your own rights
FFS give the copper a chance to actually speak, you can then go and research their statement and move forward. That aside your wife read out that BTP have rights of arrest on what they are told is NR land, if they are instructed that the land is owned by NR then they can arrest you. This just needs to go to court for a judge to adjudicate.
FFS chill out! If the copper doesn't have a problem with him speaking to them then why do you?
@@The_Reality_Filter because we’d like to hear what cock and bull story they have for access.
@@RustyVanDoor It's a train station that opened in 1874 long before the couple moved in. they want to fence in public tracks just because they can't read a map properly and think the station access road is their driveway
Why give him a chance to share his opinions about civil matters?
@@TheHobohobbitwho cares. They go to court and between them, Network Rail and the courts it will be lawfully resolved. Cops need to keep their noses out of civil matters
Couldnt go past 5 mins....the guy behi d the camera is very annoying
This.
Too many like this moving to the Highlands now, unfortunately being low population density means you get all these people who just struggle not to be a constant pain in the neck coming here to get away from people.
Yes. He wouldn't let the officers speak, and the accused them of not letting him speak when they managed to get a word in edgeways. I bet he's got a face that you'd never tire of slapping.
@@3991-m6uwell said, we want to be welcoming but folks like this don't make it easy. The railway has been there since 1874. Pretty sure it was there when they moved in and they knew it was there. It's used by around 2 ramblers per week average based on the last 5 years data.
Most of the folk who find themselves in these situations are all these same. They're annoying. They're know it alls. They're part of the problem.
Seems to me that you just being a nuisance.
Scotrail want access to maintain the line. That, IMHO, is a good thing.
Looking at your house on the Scottish land registry, the plan show that access road ('your driveway') as being split. Only half is on your side.
You seem to be relying on the satellite imagery overlay. That has no bearing and is inaccurate.
If they want to be as silly as you, they could use all the land to the side of the cattle grid. They can also put up a fence up against the North West face of your house. 'Your' gate to the side of the cattle grid is not on your land.
Why couldn't you just let them have access and request that they make good any damage when they've finished?
Actually the Scottish land registry shows the entirety of the drive is outside their title. They’re just a couple of cocks. Unfortunately for them they are using the wrong things to establish boundaries. The edge of the drive is the edge of their title. Easily visible. Should have established that before buying it.
Brilliant explanation thank you
It's continuous access for eternity they want. They want public access to the station through the land. Which apparently the previous owner was ok with. Doesn't mean they have to be
@@RobertJ-lk5bb
Ahhh so they want to be pricks about things?
Thanks for the explanation.
Misleading, click bait tagline. The police did NOT call to 'arrest'. They expressly stated they were were responding to 'a complaint of obstruction'.
It's a civil dispute, so stop prevaricating and get it decided by a judge.
Crap viewing.
Got fed up watching.
It was just some twit constantly interrupting two very reasonable police officers.
nit picking at a warrant card is just getting pathetic. Get to the point the police are not there to know every single section. of every law ever. There are simply too many and they have been told to turn upFGS they are lackeys. They know it.
Yeah, watching the officers behave like private security was frustrating, especially once they acknowledged it was a civil matter. It's always disappointing to be continually reminded that the police are not on the publics side, but on the side of big corporations.
Pigs aren't paid to think,they just do as told.
The usual public servant IQ
@@MadDog_RulesI think you miss the point. They are acting on information from the land registry. Unless the owner actually gets this dealt with with them and the courts. Then this will keep happening. The police are not adjudicating. The land registry looks to be out of date or misleading, but that’s all the info the have. The owner needs to address the civil matter, because because the rail company will keep calling them for access as they believe they are right as per land registry. Only a proper court order can fix this. It’s not BTP’s fault that there’s been a mistake by someone in the past with these borders.
Jesus. Why do people that live “off grid” always spout such bollocks about oaths and declarations. Surprised you didn’t start yapping on about sovereign rights.
@@simonedwardscamera What, so you wouldn't challenge the police if they came to your house in the city claiming you don't own your own land...what does 'living off grid" have to do with asserting your legal rights. Our home is our home. Just like yours is wherever you live. You would do the same I'm sure so your comment is utterly foolish.
Bet that copper wishes he'd said yes to that net now 😂😂😂😂😂
You should let the btp officers speak too. Would be more interesting to watch. 95% you 5% them.
I have lived a lot of my life in very rural places in Scotland my country of birth and know the challenges of living in rural places regarding transport.etc. If your not allowing the rail company to do repairs so that the rail line can continue running safely, then in my opinion your not being very community minded.
I just uploaded a video that rebuts what you have said. So, you would give NR your land? i doubt it.
@@ALTNABREAC No I would not give them my land but being a community minded Scot I would let them do repairs.
@@ALTNABREAC I think the police who came to speak to you could not have been nicer.
It would be extremely helpful for viewers if you could somehow, some time give us a summary explaining briefly exactly what the dispute is about. Is it basically a dispute over a border/access? If that is settled would there be any further problem in Netword Krail obtaining access? Are you xpecting some sort of compensation etc?
Network Rail have been publishing in the papers that it is all about access and safety, but the real reason is that it is a land dispute. Network Rail do not have any legal boundaries because they don't own the land. We want resolve matters fairly and lawfully. Thanks for your comment 😂
@@ALTNABREAC Those of us that don't know the background are still clueless. What are you trying to hide?
@@ALTNABREAC If they're saying it's about access - then clearly they're not saying they own the land. They don't need ownership - but you're talking aggravated trespass.
In a similar way, utility companies have a legal right to access their networks on your land.
@@ALTNABREAC We live in the country, admittedly not near a railway line but with power and telephone lines, water and gas pipes crossing our land. The various utility companies need occasional access to inspect and repair the equipment and so long as they ask permission and leave things as they found them we all get along just fine. I don't know the background to this, but it looks like a mountain is being made out of a molehill.
@@ALTNABREAC To be fair, the RoS map kind of suggests your drive-way is not actually your drive-way, but a path along the /outside/ of your boundary to the train station. The fence which a former occupier/owner (I presume you bought this in 2019) put along the outside of the path to enclose it with the property may be wrong.
They don't sound very local do they!!
In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands?
This railway station is in need of some sort of maintenance?
Said railway station has neen closed for three months because of your argument that the access to it is your land?
This comes at the detriment of the local community who are not able to use the railway station because of your argument?
Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it"
Or have I misunderstood?
You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved.
Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
What a load of nonsense, it's so easy isn't it to allow access through someone else's land? It would be a completely different argument if it was your garden in question. Boundaries are there as markers of private land, just like around your own property. The fact that it's near a railway line is immaterial unless a urgent danger exists which clearly there isn't currently. Let's all walk through your property because it's more convenient than going round and causes us all less grief. Your comments are pathetic and biased clearly.
Yes, it looks like they're in the house on the land beside the Altnabreac station - title CTH5589 on scotlis. And the path that goes beside their house is the only access to the station. The boundary on the ordnance based map appears to show this driveway as an access path to the station /outside/ of their boundary (alongside their boundary). Photos from google maps appear to show this path with BR signage on the path, giving the appearance of BR having rights to it. However, a boundary fence on the outside of path - and a gate to the station - which visually incorporates the path into their property.
The other issue is the RoS map boundary appears to show access to their property as at a "kink" from the path - at about where the cattle grid is, which is again suggestive that the path is not in fact theirs.
What they seem to be claiming is that when they switch to satellite that this shows the path clearly inside their boundary. But, satellite overlays often don't align properly - and I don't think they are in any way authoritative for boundary. They also seem to be making claims about alingment of trees in the map online and the satellite, but the online map is using just a generic "pattern" for trees - those are _not_ mapped trees that could be anchored to.
One of the google maps is quite old, and seems to show a different layout, with some kind of car parking area perhaps and certainly better access. Also, from the RoS titles over the years, it seems the boundaries have been changed around a good bit in successive sales. Physically and title wise it looks like boundaries and usage has changed over the years. Perhaps some changes not quite official or in line with the title (e.g., the wire fence on the outside of the path, enclosing it, perhaps?).
@@adrianellis4497 The issue may be that the path may not be theirs by title. The RoS map suggests the path is not theirs. However, they or a former owner of the cottage, have put up fencing to enclose the path to the property. Someone would need to read the actual title and survey the ground to figure it out I guess.
HAHAHA! Coddywombler! IF People need to use the railway station (ie the public) they already have access to the railway, also the railway company obviously have TWO ways to access the station, the same way the public do and by the rails...
@danmcintyre9176
1 day ago
In this limited and one-sided video, it appears that your land includes an access route to a railway station serving a small rural community in the highlands?
This railway station is in need of some sort of maintenance?
Said railway station has neen closed for three months because of your argument that the access to it is your land?
This comes at the detriment of the local community who are not able to use the railway station because of your argument?
Would it really kill you to let them do whatever work is needed at the station and be members of the community rather than simply repeating "this is our land. We own this. You're not getting access to part of your infrastructure for the good of those people who might need it"
Or have I misunderstood?
You could find yourselves in a situation where network rail are allowed to forcibly buy the land you're so desperate to keep them off of, and then the argument will be resolved.
Or maybe let them do the work that's needed and everyone can go on with their day. The police, who are clearly sick of you but having to hold back their personal feelings, network rail who are presumably frustrated if they're resorting to using the police to try to talk some sense into you and most importantly you, who can go about your business safe in the knowledge you're a good egg. In life there are some things that are worth fighting for. Allowing some work people onto whoever's land it happens to be to do their job isn't one of them.
@@freemanbynature That's the problem. This couple that have lived there since 2019 are trying to claim ownership over the station and the only access road that has been in public use since 1874. The RoS map show that they don't own it and the couple are trying to steal land owned by the public and Network rail
I feel sorry for these cops, they aren’t able to get a word in sideways. A storm in a teacup that these two are creating.
The BTP officers should never have been at their property in the first place because it is not a police matter! They acted unlawfully and Network Rail were using them to try and unlawfully arrest them on their own land! They had every right to tell the police they had no authority being there and getting involved in a land ownership dispute. The civil law process is for this. And abusing police powers that could have led to their arrest on their own land is most definitely not 'a storm in a tea cup' but unlawful.
Rubbish
They Guy would loves his own voice, why did he not let police office talk
Couple of dudes wasting Police time....what a waste of skin.