Gigaclear terms include permanent Wayleave

lee111s

There's only one person losing out in all of this.

Unreal.

phillw

martinthebandit wrote: »

That is not all they are asking though is it? If it was I am sure no one would view it as unreasonable.

But to insist on the right to instal anything and to have free access to it in perpetuity, even after the contract has ended is a completely different kettle of fish.

I assume they chain the equipment together on your property to avoid digging up roads and putting in cabinets and they won't want to reroute any equipment when you leave. Which will be a pain if you need to do modifications to your property or they need to make repairs.

But it's about the only way you'll get that kind of service, because it's not really cost effective to do it any other way.

martinthebandit

phillw wrote: »

I assume they chain the equipment together sometimes and once it's in your property then they won't want to reroute any equipment. Which will be a pain if you need to do modifications to your property or they need to make repairs.

......or sell, would having this equipment installed and a wayleave granted in perpetuity make it harder or easier to sell?

It seems that it's the same conditions as your gas and electric meters are installed under and there are more than enough threads on here with people having problems (not to mention the cost) moving them. Except the equipment is only used by one supplier.

phillw

martinthebandit wrote: »

......or sell, would having this equipment installed and a wayleave granted in perpetuity make it harder or easier to sell?

I guess it depends on whether the buyer wants fast internet or not & whether there is a future advantage to having the equipment already installed (increased installation cost or delays to installation etc).

They've raised 111 million to install in 150,000 homes and their plan was to have installed in 100,000 homes by the beginning of next year. Once they've burned through that cash then who knows what they'll do next.

It took years for virgin to restart new installations.

However we also don't know what future technology will come along that makes it obsolete.

blue-bottle

A short summary of the situation as I understand it:-

• A Wayleave is the consent in writing that allows a company to carry out work on privately-owned land. and grants access to install, maintain or repair equipment.
• The land owner may or may not be able receive a service as a result of the installed equipment, but this has nothing to do with the Wayleave.
• A "Permanent Wayleave" would be an Easement, and would be recorded with the land registry.
• Gigaclear will not provide a service to the property of any customer unless they award Gigaclear an indefinite and unbounded Wayleave, extending to any future owner of the property.

There are many reasons why this looks like an unfair contract term to me.
Maybe someone with a legal background will be able to comment on this.

blue-bottle

Gigaclear updated their "Broadband Service Terms for Residential Customers" in September 2018. The Wayleave section has completely disappeared. This confirms that the clause was not necessary, but it would be nice to know why they have removed it now after going to the effort of slipping it in initially. Did someone lean on them, or are they just nice people who made an honest mistake? Who knows?

WaltD

blue-bottle wrote: »

Gigaclear updated their "Broadband Service Terms for Residential Customers" in September 2018. The Wayleave section has completely disappeared.

@Blue-Bottle
I have been following this thread with great interest for almost a year. Like yourself, I was disinclined to grant permanent wayleave (aka an "Easement") to any broadband provider, so I have refused Gigaclear's service up to now. In fact, I went so far as to consult my solicitor about this matter and they advised me that it would be undesirable to have such an encumbrance attached to the title of my property as it could conceivably have a negative effect on the saleability of the property.



Thank you for your latest update. I have downloaded the September 2018 "Broadband Service Terms for Residential Customers" and indeed, as you say, there is no longer any mention of grant of wayleave being a condition of accepting service from Gigaclear.


Are you absolutely sure that this wayleave clause no longer exists - i.e. that it is not hidden away in any other part of the Service Agreement? If so, I shall at last feel able to apply to have service. The fibre cable infrastructure in my street has been completed and the company has advised me that my access point is now live.


Just seeking your reassurance! Have you now decided to accept service yourself?


Regards,
WaltD