BT Openreach dug up private garden

witchmargaret

Hi this is my first time on the website and I'm wondering if anyone can give me some advice.

BT Openreach has dug up part of our private garden and placed a concrete pad for a new box installation without our permission. I have managed, hopefully, to get any further work being done. The land in question belonged to the Highways but was given over to the house in 1994. There is a phone junction box on part of the land, that was upgraded last year even though we said we didn't want it touched and that we wanted it removed. BT have never paid any money to have the first box there and have offered us a measly £750 as a one off IF we sign a wayleave.

Regards

Margaret

Browntoa

I'm assuming they have historic rights of access prior to your ownership , you need to check your deeds as there may have been a term in the transfer of land to allow BT access

not sure about a fresh installation but that MAY be allowable under the terms that the land was transferred

witchmargaret

thanks I can't find any reference in the transfer of land but I'll have another read through

macman

If £750 is measly, what would you consider a reasonable amount?

Uxb

I you want to be really difficult BTOR will issue a statutory notice under their "code powers" (as amended by Telecoms act 2003 and lots of prior acts)
This gives them the rights to install what they like where they like including on private land without any wayleave agreement or discussion.
All the utility companies have this power as do some other companies where they need to do installation work.
I believe they have to lodge a bond/insurance to pay out if they do any collateral damage while executing their rights under the act.

If you then wish to object you can require BTOR to apply to the county court to have its statutory power to do this in your instance confirmed - I expect you will loose any challenge unless you can show there is good reason for it not to be there or there is a more suitable/less visually intrusive place.

I'd take the £750.....

The first u/g joint box will date from when BT was the GPO in public ownership and from when the land as you say was in public ownership so no wayleave issue would ever have arisen.
Sadly it should have all be discussed at land transfer in 1994.
By now even without the code powers act as I understand rights BT would have acquired a wayleave right over the land to access their kit by virtue of it being there unmolested since probably the 1950's.

Most utility companies tend to be reasonable and negotiate.

davehills

macman wrote: »

If £750 is measly, what would you consider a reasonable amount?

Is it?

Work out how much that is per acre and you might find it's a very good offer..

macman

I thought the irony implied in my question was obvious...

Johnhowell

Margaret,


If the part of the your garden was Highway - it would have either have been Freehold Highway or Dedicated to Highway.


Either way, it could not just be given over to your house, it would have to be Stopped Up. If Dedicated, once stopped up (by a Side Road Order or similar) it reverts to the previous land owner that affronts it. If Freehold, it may have been offered to the affronting property to purchase.


Your could contact the Local Highway Authority (County Council?), the Highway Records Department, to confirm the extent of the Highway. Also they could check the Terrier Map, which should indicate the Stopped Up section and the Deeds, paperwork, etc. relevant to it.


In my opinion, if BTOR are offering you money to sign a wayleave then they know they have no rights to install equipment on you land.


Good luck,
John