BT Telegraph pole on my land - what are my rights ?

Davesnave

They will move it at your expense, and they'll probably charge you to have someone come and look, so that they can tell you how much it is likely to cost. :mad:

You see, it's Openreach, the branch of BT which is not 'customer-facing,' nor regulated by Oftel. Basically, it's you against them, and they are much bigger than you and not overly bothered.

I know all this because I've had something of a battle to get a pole moved. Luckily for me, after I got through to Openreach, which took over 6 months of letters and emails, (there are no phones! :rotfl:) I proved my pole was illegal. That's why the wayleave wasn't in the pack when I bought this place. My lovely neighbour had the pole moved off his land to ours under the guise of repairs, following a lightning strike. His mate is a contractor for Openreach.;)

Anyway, my pole is moving free of charge and I'm getting the wayleave + some compensation, but unless the lack of documentation in your case is because of some similar breach of regs, you should expect to pay. That's if you can contact them in the first place! Try this first, you can always change your mind:

http://www.openreach.co.uk/orpg/home/submitFeedback.do?contactReason=remove_relocate_external_network_equipment

is1983

It depends on who you want providing your phone and Internet.

If you go with a provider that doesn't use their lines, then chop it down and use it for fire wood.

Then just deny the whole thing. :rotfl:

R_P_W

Davesnave wrote: »

They will move it at your expense, and they'll probably charge you to have someone come and look, so that they can tell you how much it is likely to cost. :mad:

You see, it's Openreach, the branch of BT which is not 'customer-facing,' nor regulated by Oftel. Basically, it's you against them, and they are much bigger than you and not overly bothered.

I know all this because I've had something of a battle to get a pole moved. Luckily for me, after I got through to Openreach, which took over 6 months of letters and emails, (there are no phones! :rotfl:) I proved my pole was illegal. That's why the wayleave wasn't in the pack when I bought this place. My lovely neighbour had the pole moved off his land to ours under the guise of repairs, following a lightning strike. His mate is a contractor for Openreach.;)

Anyway, my pole is moving free of charge and I'm getting the wayleave + some compensation, but unless the lack of documentation in your case is because of some similar breach of regs, you should expect to pay. That's if you can contact them in the first place! Try this first, you can always change your mind:

http://www.openreach.co.uk/orpg/home/submitFeedback.do?contactReason=remove_relocate_external_network_equipment

I think you will find that open reach is heavily regulated by ofcom in many areas!

Debt_Free_Chick

What did your solicitor advise in relation to this when you bought the property?

gld73

Usually something like that would be taken into consideration in the pricing of the house, the same as if you're near a busy road, beside a factory etc. If a house wasn't next to a busy road, wasn't next to a factory, or didn't have a telegraph pole in the garden, it would have cost more - if BT are legally on the land, it's probably difficult to get them to move on the basis you want to improve the property value at no cost to yourself.

Davesnave

R_P_W wrote: »

I think you will find that open reach is heavily regulated by ofcom in many areas!

I think you will be unable to show that Ofcom has any influence relating to the placement of telegraph poles, which is the matter under discussion.

agrinnall

R_P_W wrote: »

I think you will find that open reach is heavily regulated by ofcom in many areas!

Davesnave wrote: »

I think you will be unable to show that Ofcom has any influence relating to the placement of telegraph poles, which is the matter under discussion.

And you'll also find that as a consumer there is no easy option (possibly none at all) to complain to Ofcom, so their existence as a regulator is pretty much irrelevant to the end user. If you have a dispute with Openreach then I think your only way to resolve it would be legal action.

Davesnave

agrinnall wrote: »

And you'll also find that as a consumer there is no easy option (possibly none at all) to complain to Ofcom, so their existence as a regulator is pretty much irrelevant to the end user. If you have a dispute with Openreach then I think your only way to resolve it would be legal action.

Indeed. However, if one is aware of the Telecommunications Act and its amendments, known as the Code, there is a form of words to use which can require Openreach to remove illegally sited poles within 28 days, or be in breach.

I found that this, sent by recorded delivery to their Pole Objections dept in York, brought reasonably quick results. All other attempts to make meaningful contact failed.

The local person I dealt with was a perfectly decent chap, but as an organisation Openreach don't give a stuff about people like me. They are very different from the other utility providers whose pipes and cables cross my property, both of which will respond inside 24hours.

mikeyw

rpc wrote: »

You didn't think to investigate this before you purchased?

It certainly wasn't the difference between purchasing or not...it's an inconvenience i'd like to try and resolve.

Empty_piggy_2

Contact the way leaves department. It depends on the type of way leave in place, and then you will have more options. If a compulsory wayleave is in place then you will have major problems trying to get it removed. A compulsory wayleave is placed on the land itself and does not change on ownership, so historically any of the people living there before you will have received a one off payment for the pole to remain there. A voluntary wayleave is between the company and the owner at the time. With a new owner, a new way leave needs to be negotiated. If you do not want the pole there, then now is the time to say so before a new way leave agreement is entered in to. BEWARE - some companies are really sneaky, they may just send you (as the new owner) the annual rental cheque and if you bank the cheque this is classed as confirmation of the new agreement!. If there is no way leave agreement in place at all, then you can give notice for the pole to be removed. Double check your deeds, if it is an old property then there could be an easement listed for the pole to be there, although I am sure your solicitor would have noticed this. Good Luck!

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