- March 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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We have always had a great relationship with our neighbours, but recent events have put a strain on this harmony. We received a notification about potential fibre upgrades in our area, and we were eager to sign up. However, we encountered a roadblock when we discovered that the utility pole necessary for the installation was located in our neighbour’s garden. Despite our request for access, they declined permission for the workers to enter their property.
Undeterred, the workers decided to use a hoist to install the fibre line, going over the neighbour’s garden to avoid any disruptions. This action led to our neighbour threatening to involve the police if the fibre wire was not removed. They claimed to have a contract with the company that owns the pole, allowing only one wire to pass through their garden. This restriction came as a surprise to us, as we were under the impression that the poles were under the company’s jurisdiction.
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****** just grabbed a
NAL but telecoms engineer. There will be a way leave clause in their title deeds for the pole to have been installed & access to the infrastructure. The way leave applies to the property so if someone else purchases/moves in years later it does not reset to new tenant it just carries on. They canÔÇÖt deny any more cables going onto the pole due to ÔÇÿflying wire rightsÔÇÖ which is part of the telecommunications act 2003. As long as the cable is over 3m, 2m away from their property and does not block windows then they will have a hard time arguing.
Edit: is there another pole they can bounce off that has existing lines? If it follows an existing route they also cannot argue.
Yeah. Civil matter. Police wonÔÇÖt even give a call back.
Let him call them.
As for the install thatÔÇÖs for your provider to worry about.
Not you.
I guess youÔÇÖre probably paying either an install and/or activation fee.
If itÔÇÖs not installed call the company and kick off.
Tell them youÔÇÖre paying for an install thatÔÇÖs not happening and pole property and access isnÔÇÖt something you as their customer should be dealing with.
Now, IÔÇÖm sure ofcom published and passed a regulation that Means all properties should have decent and unhindered broadband connections.
Section 66 of the communications act (I think. Dont quote me on this. Its been a while)
If your neighbour is getting in the way of that, thatÔÇÖs more likely a criminal act. Which would be enforceable by police.
There is also no formal ÔÇÿtrespassÔÇÖ law in the UK. No matter what anyone tells you. This ainÔÇÖt ÔÇ£aÔÇÖmuricaÔÇØ
The company providing the service will have a way-leave with your neighbour. It gives them the right to access the pole. As for the cable going over there garden I donÔÇÖt think they have much choice. You donÔÇÖt own the air over your house. Speak to your service provider escalate it if you need too.
Police aren’t going to care, good luck to your neighbour taking any action without wasting a lot of money for no reason.
They dont own the air above their property or the utility pole. Joys of having shared utilities run through your home is that you have to let utility companies service it.
They’ll have to eventually allow access, though from what I read on here, they can’t deny it. But all conventional phone lines are being switched off soon so they’ll have to allow the pole to be upgraded to fibre.
Tough one! First of, your neighbours suck.
On to the meat, so is there some kind of right of access in place since the pole in their garden? I’d assume so, but best to find out to be sure.I’m going to proceed to assume that this is the case. The pole is owned by the operator (likely Openreach or something) and they have a right to access their infrastructure. Your neighbours can suck a proverbial fat one. They have no leg to stand on, the operator should be allowed to access their infrastructure to upgrade your line.
EDIT: spelling, I’m foreign and had some drinks sorry <3
Your neighbour is angling for more money, but has fucked it by threatening to call the police.
ThereÔÇÖs always the option to underground or follow public footpaths.
Contact the company again and ask for a quote for a connection from a separate / different location.
Tell the neighbour that the value of their home will plummet without fibre, that’s the first thing people check on house listings. Worked like a charm with my neighbours.
If the pole is in your neighbours garden and only serves him then he wouldn’t have signed a wayleave, if an additional wire is then installed to serve someone else a wayleave will be needed, and neighbour can refuse.
Can’t the company put up another pole on the street preferably Infront of their window? It’s been in the press recently about low-end ISPs randomly putting poles up in front of people’s houses without needing to get planning permission
Depends if the pole is on his land and only feeds him for his service then there will be no wayleave for the pole as it isn’t required.
if they then wanted to feed a third party from pole (you) then they would need to agree a third party wayleave.
If a full wayleave is in place then under the telecommunications code we have a right to fly wires over land, the wire could be put up by using a drone so no access issues getting a wire from point A to B.
There are a few people here (bizarrely) claiming that you donÔÇÖt own the air over your property. You definitely do.
I think you need to chase your service provider until they check their wayleave; and try to get them to enforce it. You might have to chase quite hard. Edit to add – as r/cutlassjack points out they almost certainly have a right to place the line under the Electronic Communications Act whatever the wayleave says (though if itÔÇÖs true that it specifies there will only be one cable it would be interesting to think about the impact of that. I suspect it is not true).
Alternatively, try and figure out when neighbours are on hols and get it installed then. Once itÔÇÖs up it ainÔÇÖt coming down.
Your lucky, I live up a small unadopted lane, canÔÇÖt use the poles as they carry electricity too, Voneus wanted to put cable in the ground but one neighbour out of 7 objected so they left and now weÔÇÖre stuck with 10mb broadband forever!
If there is a telecommunication pole on private property, there is a right of access to the pole owner or any private company that pays to lease on the pole. There is most likely an easement agreement with the company that owns the pole, and it may it be referenced on your deed. If you want fibre, let the telecommunications company figure out the access issue with your neighbour. All utility easements and access agreements typically supercede any structure or landscaping on individual private properties and they have no right to deny access.
Do you have an existing service that is using this pole? Perhaps a copper wire phone line? If there is then consider having it removed and replaced with the fibre line. With VoIP you don’t need the POTs line.Bite your tongue and ask your neighbour if they would mind the line being replaced. You get your broadband and Karen gets only one wire.
Openreach have all sorts of powers. The last Openreach guy I spoke to about our cables which go through a tree that is in the neighbours garden said that if the tree starts to cause a problem with the phone line Openreach will get someone to come and chop the tree!
Wait ur neighbour is stoping bt providing a service to which the state and bt own the telegraph pole.
I dont think he has a leg to stand on if its bt.
maybe bury the fibre in the ground or get your own pole ?
Even *if* such a contract existed and *if* it was valid/enforceable, it would be a civil matter and the police would tell them to do one.
CanÔÇÖt they just remove the copper line so that thereÔÇÖs still only one wire? TheyÔÇÖre switching all phones to digital anyway, so you shouldnÔÇÖt need the copper if you have fibre.
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Long story cut short, if itÔÇÖs the telecoms companyÔÇÖs pole they can gain access and donÔÇÖt have to remove the wire.
There will be a wayleaves agreement to the pole on their land, it basically means that the company that own the pole can access it whenever they want. If itÔÇÖs a fiber pole or a telecom pole then the workers can access it whenever they want.
However quite a lot of poles in residential areas are low voltage electricity pole with telecoms strapped to them.
If an electricity distribution company owns the pole, their workers can gain access, however IÔÇÖm not too sure if the fiber workers can since the wayleaves agreement would be with the electricity distribution company. Get in contact with a manager of the telecoms company, they should know the ins and outs of the situation
> they have a contract with the company who owns the pole
Sounds like a ÔÇ£themÔÇØ problem. YouÔÇÖre not a party to that contract, and as others have explained, your provider will have the right to use that pole.
I believe you can access a copy of the wayleave agreement via the land registry website (for £3). It might be worth doing that and getting an understanding of what that says. If the neighbour is incorrect, tell them.
This exact thing happened to us, worse, they said it was ok and then as the engineers arrived changed their mind and said we couldnÔÇÖt access. This just seemed to piss off the engineer so he went full MacGyver and took some mad route to our house. Meant I had to eventually burry quite a bit of wire in the garden but watching the neighbour realise we would just circumvent them was priceless. All this to say, isnÔÇÖt there another route they can take? ThereÔÇÖs usually two ways to skin a fibre installation.
I have a pole in my garden.
From my understanding for works I need to give access and they is no limit on the number of wires.
My parents had a telephone pole in their garden. I donÔÇÖt think BT ever asked to work on it, we would just come home and find the flowers all trodden on ƒ½ú
My experience of Open reach is they will use any excuse not to do a connection that will is less than simple. And then set the line as not suitable for fiber or the pole a danger to work on. After three years we found the magic words, “We need all the evidence to take to the ombudsman” suddenly its all fixed and lovely.
Police officer – not a police matter, entirely civil and it wouldn’t even be logged.