BT has no Wayleave - What Can We Do?

Ibo_3

A number of years ago we noted that an overhead telephone cable was attached to the wall (approx 18 feet) supporting our garden ground, to the South of our house without our consent. We made contact with BT a number of years ago and they came back with a Wayleave proposal offering a one off payment for the full span of overhead cable, which we had to refuse. The Wayleave proposed related to all the other owners whose land was crossed and not solely to us as the owner with the cable attached to a straining point fixed into our wall on our land. We advised BT that the agreement offered was not properly written but received no response.

It was thus an unpleasant surprise to discover that a recent development had resulted in the removal of the old pole and re-routing of the original overhead cable span - so that we now have a multi-core cable with nailed on cleats fitted on to our wall, a new connection box and two new overhead spans, and the old straining eyes abandoned. The cable extends back along the gardens of neighbouring properties to the former pole location and the 2 new overhead spans to a further set of eyes - to span across the lane. We have again made contact with BT Openreach, who sent us a Wayleave plan and a copy of all Wayleaves pertaining to the area, held by them. Whilst the lane was identifiable on the Wayleave plan not one copy wayleave, sent to us made reference to the lane, or cable/box on our land. We don't want the clutter and nuisance of dealing with cables on our wall when a) it is listed and in a conservation area and b) we need access to maintain it. Can anyone help?

BT additionally has a duct running along the foot of this wall. The duct has been in place for many years but we have feedback from those who use the lane, at the bottom of the wall that the drains are not working properly. This side of the lane is on our land. Observing the position of the access chambers these have been installed directly on the line of the drain - destroying the surface gully (formed in setts with occasional drain grids in the invert) and we suspect also damaguing or blocking the piped drain below, potentially compromising the support from the ground supporting the toe of the wall as well as causing the lane to flood.

We may need to get repairs made to damage caused by BT or their precursors (ie The Post Office) in installing equipment, as this seems to be at the root of most of the damage to this and perhaps other private lanes - usually through destruction of the surface and failure to repair it/get the owners to hold the contractor or clints to account. Can we bring them to book to fix any drainage or surfacing to a competent standard acting as owners in common with the approval of our neighbours?

We also find it unusual that BT runs a substantial length of cable and puts in 2 multi-span connections to individual customers spans at around 16 feet above the lane and 2 feet below our garden - yes kids playing at the end of the garden can access them - when they have a duct to bring the service in along the lane.

syko29793

the wayleave only covers your property the pole is a separate issue and if that needs to be moved you will have to share the cost with bt. this is a very complicated case though so i would seek legal advice.

syko29793

if Bt property is on your premises openreach is now responsible for it.wayleave depends on what you want doing.

Les_C

Hi

Can anyone advise?/

I am about to start building a new house and have two overhead BT services to neighbours houses directly where ny house is intended to be.

I have contacted BT regarding the lack of wayleave and asked them to renmove them under section 20 or 21 of the Telecoms act 1984, they have rsponed syaing they do not reuiwe a wayleave for services oversailing my property, they have said I will nedd to pay for the diversionary works???

Im sure this is incorrect as it is restricting my utilisation of my land without any fromal agreement being in place. Please help!!

miller123_2

Re the above post we are in the same situation at the moment and wondered how you managed Les?
BT want to charge us £580 to move the phone wires which aren't ours they go to a house on the next street. These wires go in the air but through where the new roof to our extentsion will be.

Can anyone help please?
Lisa

iniltous

Les_C wrote: »

Hi

Can anyone advise?/

I am about to start building a new house and have two overhead BT services to neighbours houses directly where ny house is intended to be.

I have contacted BT regarding the lack of wayleave and asked them to renmove them under section 20 or 21 of the Telecoms act 1984, they have rsponed syaing they do not reuiwe a wayleave for services oversailing my property, they have said I will nedd to pay for the diversionary works???

Im sure this is incorrect as it is restricting my utilisation of my land without any fromal agreement being in place. Please help!!

In this case and Miller123's, BT dont need a a wayleave to pass an overhead wire above your land, you in effect dont own the air-space above it, so they can serve a neighbouring property by 'flying' a wire over your land, infact there is even an act of parliament that gives them this right, should you then intend to extend or build a property that would interfere with these wires, unfair as it may seem, you have to pay for the diversionary works to move the wires out of the way, as the wires were there first...

Suzy36

can I ask what happens if you bought a property with a BT pole in the garden, can we ask them to remove it? there is no cables joining us or anyone else just a pole.

BT_company_representative

Hi Suzy and Miller123,

I can look into this for you. Please could you drop me a email with your BT account details? My email address can be found by clicking on my profile. Please could you also include a link to this thread?

Thanks

Paddy

andy_h_3

Official Company Representative
Please contact me ASAP as I have an urgent wayleave/fibre optic issue that will affect a majory UK customer of BT's.

BT_company_representative

Hi Andy_H,

Please send me in your details using the link found in my profile and I will take a look to see if there is anything I can do to help.

Thanks

Paddy,

dj57

Hi

can you also advise on a similar situation i have regharding moving a wire oversailing my property serving a neighbours property