Fibre install blocked by neighbour

Uxb

unforeseen wrote: »

The nuclear option is only available to the gas electric and water companies via the Gas Act, Electricity Act and Water Industry Act.

Telecoms companies although utility companies do not have this right as there is no empowering act to allow them to do so and and they are able to overfly properties to provide telecoms services. The fact that Virgin only ever bury their cables is their problem to sort.

You are wrong.
They do have this power via the Communications Act of 2003 - assuming Virgin have been granted "Code Powers" under the above act by OFCOM.
Try the following as an example webpage explaining the position
http://www.isurv.com/site/scripts/documents_info.aspx?documentID=2259&pageNumber=4


Under paragraph 5 of the Code an operator may serve a notice on the occupier or other relevant person specifying the right it requires. If the occupier does not provide its agreement within 28 days, the operator may apply to Court for an order conferring the right, thereby dispensing with the need for the occupier’s agreement. For the Court to make an order it must be satisfied that any prejudice caused by the order:

• is capable of being adequately compensated for by money; or
• is outweighed by the benefit accruing from the order to the people whose access to an electronic communications network or electronic communications services will be secured by the order.

Edit:
How do I know all this?
Similar situation on a private road
A Telecoms Co wanted to install major whole area fibre spine down the road with services for the residents
One corporate land holding unit who had no need for the service was being "difficult" over wayleaves
Neighbours were pressing on the corporate unit's land agents and solicitors to "get on with it"
Months past.....and more months
Eventually telcoms company said they would be going down the legal route as above to compel compliance - with a lot of publicity about the awkwardness of the corporate unit
Strange to report the problem was sorted in 24 hours flat and the wayleave agreement was signed off by the corporate units solicitors.

unforeseen

Fair enough.


It would be interesting to know why VM are routing through people's gardens. It's fair enough having to go through one garden to access the rest of the dwellings but this sounds as though this will run through everybody's gardens rather than externa to to the gardens.