No trains to call at Altnabreac for the foreseeable future

[hexagon789]

It does surprise me that Network Rail didn't consider bringing materials/employees in by train and thus blowing a quick raspberry over the fence.

I think they might have tried but the hostilities made it unsafe in the end.

They did try this approach.

 

[norbitonflyer]

It does surprise me that Network Rail didn't consider bringing materials/employees in by train and thus blowing a quick raspberry over the fence.

They did, but faced problems as soon as they set foot on the platform, which the couple claim is also part of their property.

 

[Bletchleyite]

They did, but faced problems as soon as they set foot on the platform, which the couple claim is also part of their property.

So they are denying the legal right to roam on foot that exists in Scotland regardless of land ownership? Or does that not apply to commercial purposes?

 

[ScottGallagher]

In terms of Station leasing is it still the case that stations are 'leased' from NR by the TOC or is that more a 90s thing. If that's the case wouldn't that document make it clear who owns the platform and track bed. Going as far back to when National.Express ran Scotrail?

 

[norbitonflyer]

So they are denying the legal right to roam on foot that exists in Scotland regardless of land ownership? Or does that not apply to commercial purposes?

As I understand it, the couple's view is that the workmen were not merely roaming onto the land (the disputed platform) but were intending to carry out alterations to it. (NR's position is that the platform is NR property open to the public, so no trespass is involved by either party unless someone breaches the bylaws.

 

[Carntyne]

I don’t think the owners of the former station house want to prevent folk from accessing the station.

They've chained the access road, put a locked gate on the footpath and installed a doorbell. Apart from that, yeah you're right.

 

[Singlespeed]

A retired surveyor who worked with the Register of Scotland, to resolve disputed titles requested the deed of sale from when the Railway Board sold the station house.

1969 Disposition.pdf

drive.google.com

1969 deed plan 1(3)(1).jpg

drive.google.com

 

[Buzby]

Interesting - it’s a shame that the colours referred to have been lost, but it does certainly appear that the platform does not form part of the heritable property. Even so, a bargain at £300 even in those days!

 

[YorkshireBear]

A retired surveyor who worked with the Register of Scotland, to resolve disputed titles requested the deed of sale from when the Railway Board sold the station house.

1969 Disposition.pdf

drive.google.com

1969 deed plan 1(3)(1).jpg

drive.google.com

Sorry links don't open, can you summarise the findings of said information?

 

[Singlespeed]

The railway board sold 0.34 acres for £300 to the local estate owner. The site has measurements for all the sides and the enclosed area would have been shaded in blue there's reference to two hatched areas. One is within the sold off area, hatched and blue, running Northeast to Southwest and the railway reserved a right of access over this (the blue strip in the current title represents this).
The station access road hatched was not included in the sale, but the new owners have a right of access to come and go (free ish)

 

[BRX]

So they are denying the legal right to roam on foot that exists in Scotland regardless of land ownership? Or does that not apply to commercial purposes?

The right to roam doesn't mean anyone can walk anywhere - there are various exceptions including some for land surrounding private houses etc.

Houses and gardens

Information about access close to houses and gardens.

www.outdooraccess-scotland.scot

The Access Code says:

Access rights do not extend to houses and gardens. In some cases, the extent of a garden might be difficult to judge.

 

[inais20]

The station access road hatched was not included in the sale, but the new owners have a right of access to come and go (free ish)

There’d be a certain irony if at the end of all this it was judged that the homeowners needed to pay a wayleave to NR for access to use the driveway!

 

[tspaul26]

There’d be a certain irony if at the end of all this it was judged that the homeowners needed to pay a wayleave to NR for access to use the driveway!

That’s not what a wayleave is or how it works. They are largely not applicable in Scotland in any event, and won’t be relevant in this particular case.

 

[inais20]

That’s not what a wayleave is or how it works. They are largely not applicable in Scotland in any event, and won’t be relevant in this particular case.

Notwithstanding my incorrect use of terms, you've missed the point I was trying to make: in taking the action the homeowners may end up with a worse situation than what they had in the beginning. Sometimes it's best to just leave things as they are!

 

[tspaul26]

Notwithstanding my incorrect use of terms, you've missed the point I was trying to make: in taking the action the homeowners may end up with a worse situation than what they had in the beginning. Sometimes it's best to just leave things as they are!

Doubtful, apart from any legal expenses that may be taxed and the outcome of the criminal proceedings. Appleby is already liable to contribute a proportionate share towards the maintenance costs for the access track.

 

[43096]

It does surprise me that Network Rail didn't consider bringing materials/employees in by train and thus blowing a quick raspberry over the fence.

If I was NR I’d do the work at night, bringing the materials in by train and leaving the loco idling outside their house overnight. Perhaps moving it occasionally with plenty of horn blowing.

 

[Krokodil]

If I was NR I’d do the work at night, bringing the materials in by train and leaving the loco idling outside their house overnight. Perhaps moving it occasionally with plenty of horn blowing.

You should hear the noise a ballast regulator generates!

 

[D365]

If I was NR I’d do the work at night, bringing the materials in by train and leaving the loco idling outside their house overnight. Perhaps moving it occasionally with plenty of horn blowing.

Isn’t this exactly what happened a few weekends ago?

 

[Bald Rick]

You should hear the noise a ballast regulator generates!

In my experience, a PWay gang from Darlington or Doncaster will run a regulator close.

 

[MadMac]

In my experience, a PWay gang from Darlington or Doncaster will run a regulator close.

I opined some years ago that there is no such thing as one PW man: minimum quantity is six.

 

[Wilts Wanderer]

I opined some years ago that there is no such thing as one PW man: minimum quantity is six.

That’s only because it takes five men to drink the tea before it gets cold. The sixth man is there to do the work (on a rotating basis of course)

 

[Sealink]

Don't know if this has been mentioned...

Altnabreac couple to stand trial

A couple living beside a remote railway station in Caithness are alleged to have repeatedly stood on the rail track in the path of oncoming trains.

 

[swt_passenger]

Don't know if this has been mentioned...

Altnabreac couple to stand trial

A couple living beside a remote railway station in Caithness are alleged to have repeatedly stood on the rail track in the path of oncoming trains.

Post #626 on 1 April quoted another paper, but it was effectively the same story.

 

[Egg Centric]

Don't know if this has been mentioned...

Altnabreac couple to stand trial

A couple living beside a remote railway station in Caithness are alleged to have repeatedly stood on the rail track in the path of oncoming trains.

It's been very mentioned.

TBF of Altnabreac's residents, the schenanigans of these two are nothing compared to another one who's also making the headlines. Must be something in the water...

 

[Elwyn]

With it being an active criminal case it’s sub judice and so other than reporting the charges, bail conditions and court hearing date, it could be contempt of court to discuss it further till after the trial in June.

 

[GusB]

Post #626 on 1 April quoted another paper, but it was effectively the same story.

It wouldn't surprise me if the article is the same word for word - both publications are part of Highland News & Media - our local equivalent of Reach!

 

[Sealink]

It's been very mentioned.

TBF of Altnabreac's residents, the schenanigans of these two are nothing compared to another one who's also making the headlines. Must be something in the water...

Ah yes the Lochdhu Lodge story

 

[duffield]

With it being an active criminal case it’s sub judice and so other than reporting the charges, bail conditions and court hearing date, it could be contempt of court to discuss it further till after the trial in June.

Does that actually apply with a Sheriff's court trial, with no jury to prejudice?

 

[ScottGallagher]

It's been very mentioned.

TBF of Altnabreac's residents, the schenanigans of these two are nothing compared to another one who's also making the headlines. Must be something in the water...

Indeed, it's all happening there for such a sleepy place, but for the on-topic stuff, it was once suggested on here this guy was the original reason for all the dispute over land.

The betting tycoon who preyed on women and hurt them for pleasure

Kevin Booth's former partner Tammy Conner says she fears someone could die if he is not stopped.

www.bbc.co.uk

Kevin Booth was given a worldwide travel ban after a Scottish civil court heard that he attacked his victims in an underground chamber at his remote Highland home and in foreign hotel rooms.

Tammy Conner - who said she was beaten by Booth for four years from the age of 16 - has now decided to speak out in the hope that other women will come forward.

Another woman who worked for Booth at Lochdhu Lodge in Caithness told BBC Scotland News she had to sign a contract allowing him to "punish" her.

 

[Elwyn]

Does that actually apply with a Sheriff's court trial, with no jury to prejudice?

This is what I got off the internet (yes I know). Happy to be corrected if wrong in Scotland.

The "sub judice" rule in Scottish Sheriff Courts, like in other UK courts and parliaments, is a principle that prevents discussion or publication of matters currently before the courts to avoid influencing the outcome of the proceedings. It applies to both civil and criminal cases in active legal proceedings, from the point a case is commenced until it is concluded. In essence, it aims to ensure the fairness and impartiality of the legal process.