BT Pole on our property causing an obstruction

SammyFace

We're at the tail end of building our new house on a gap site in an existing street (there had been a house sited there many years ago).

The site had been very unkempt and overgrown and now that we are at the stage of preparing the area at the front of the house to be lockblocked for parking we have found that the BT pole (which has a line running to the house next door) is actually 2-3 feet over the boundary and on our property. This is going to cause problems with parking/access and with the small short wall at the front of the house/drive.

I have emailed Open Reach but can anyone tell me if we have a case to have it moved?

Marv02

Of course you will have a case. If the poll was stuck in there after your property boundry was set, then they will have to pay all the costs and fees to have it moved outside of your property. Or better yet... Tell them they need to start paying rent... £20 a month seems fair + £20 a month for all the previous months it was on your property

Heinz

Telephone poles on private property are always sticky situations - a wayleave agreement is most likely involved and getting the pole moved is probably going to be much more difficult than you think.

PasturesNew

Didn't you spot it before? And measure stuff?

Mark_In_Hampshire

Wayleaves are quite complex. However I tend to agree with Heinz. Ordinarily, this type of problem might have been detected by a survey for a house purchase, except you didn't buy a house, you're building one: you bought a plot of land (assumption) and BT have wayleave rights for that pole on that land. This ought to have been picked up before the purchase of the land.

I don't doubt that you will be able to get the pole moved, but I suspect it's going to be at your cost.

roysthobe

I have a pole on my property, I have lived here for 29 years and recently thought they should be paying me for that. I applied for a wayleave and they have offered me £150 one-off or £10 per year. No back dating. It does not serve my house but 22 others in another street. I am trying to find out if it is worth more or should I make them move it. The contact is Wayleave Officer Post point 110S Communications House. Harlescott Lane. Shrewsbury. SY13AQ

Heinz

roysthobe wrote: »

I have a pole on my property, I have lived here for 29 years and recently thought they should be paying me for that. I applied for a wayleave and they have offered me £150 one-off or £10 per year. No back dating. It does not serve my house but 22 others in another street. I am trying to find out if it is worth more or should I make them move it. The contact is Wayleave Officer Post point 110S Communications House. Harlescott Lane. Shrewsbury. SY13AQ

If you've put up with it for that long, take the money.

A "make them move it" approach is likely to be very protracted and, possibly, costly.