Estate cross-connection box located in my private property. Help please

Vidocq

Hello all,

I have bought a property that currently it is being buit. I have just realised that the estate developer has installed a public cross-connection box (for Virgin or BT) inside the boundaries of my property; some space in my front garden is used for that big box, which has a footprint of 150cm x 30cm and 150cm height.

This cross-connection box is not shown in any of the estate developer layouts that they showed to me when buying the house, such as trees layouts, ground elevations, public lighting layouts, private land boundaries, etc.

I was wondering if I can ask to remove that box as the area is still under construction.

Could you please provide an advice for this situation?

Thank you very much

Vidocq

anselld

Are you sure it is in your garden? Normally they would be alongside the pavement.

Davesnave

It might br on your land, but the developers are likely to install a boundary such as a wall or fence so that it will be accessed from the public path, not from within your garden.

it's similar to having common drainage access points within the property boundaries. Sevices have to go somewhere and utility companies don't own tiny pieces of land all over the country where their boxes, poles, covers etc stand.

Yes, you can ask for it to be moved. They can refuse or agree. Who knows?

Vidocq

Hi,

Yes, I am sure the cross-connection box is within my boundaries, inside the front garden.

I understand that the services should be installed somewhere within the estate, however these elements are normally located in pavements, roads or public paths, not inside a property, and even less if these elements have certain height, like this box. I have observed some other similar boxes within the estate and they are in the pavement.

I have mentioned this issue to the estate developer and they refuse to change the cross-connection box location as a first instance. I might put some more pressure on it but it is also funny because before buying the property they showed me a drawing saying that in that location (where the box is) they will plant a tree...

What should I do know? ask for a economic compensation? Rent that space to whoever owns the cross-connection box? Just imagine I want to put a small fence or bushes around my garden boundaries, do I need to allow access to my property to open the box doors?

Chapuys

Vidocq wrote: »

Hi,

Yes, I am sure the cross-connection box is within my boundaries, inside the front garden.

I understand that the services should be installed somewhere within the estate, however these elements are normally located in pavements, roads or public paths, not inside a property, and even less if these elements have certain height, like this box. I have observed some other similar boxes within the estate and they are in the pavement.

I have mentioned this issue to the estate developer and they refuse to change the cross-connection box location as a first instance. I might put some more pressure on it but it is also funny because before buying the property they showed me a drawing saying that in that location (where the box is) they will plant a tree...

What should I do know? ask for a economic compensation? Rent that space to whoever owns the cross-connection box? Just imagine I want to put a small fence or bushes around my garden boundaries, do I need to allow access to my property to open the box doors?

Have you actually fully bought the land where it is? Is it in your name? If not then they have possibly changed the contract with the plans. You might be able to negotiate. If it is then you could in theory refuse Openreach permission to enter your land but they do have some statutory enforcement powers.

Are you sure it is not actually located on a service strip which isn't technically part of your (or yours to be) land?

If it is on your land, a Wayleave agreement is probably needed for services to be placed on your property. Whilst more a BT issue, you could ask them when they will be producing the document (in liaison with Openreach) and how much you will receive for having the services on your property.

davidmcn

The titles almost certainly include a reservation of rights for utilities (have you checked?), and your contract (assuming you have exchanged contracts) will almost certainly include a certain amount of leeway for the developer to change their plans - so legally there's probably not a great deal you can do.

Vidocq

Thanks for your recommendations, I will check all of them this afternoon with the solicitor because I am going to exchange contracts today at 5pm, so there is still a change to amend the contract in my benefit, isn't it?

theartfullodger

Can you not tap into the connections & get free 'phone calls , maybe BB & TV?

Vidocq

hehehe, yes and also listen to neighbours conversations :rotfl:

AdrianC

Vidocq wrote: »

Thanks for your recommendations, I will check all of them this afternoon with the solicitor because I am going to exchange contracts today at 5pm, so there is still a change to amend the contract in my benefit, isn't it?

You would need the vendor to agree any amendments, you can't just amend them unilaterally.

Davesnave

Chapuys wrote: »

You might be able to negotiate. If it is then you could in theory refuse Openreach permission to enter your land but they do have some statutory enforcement powers.

That's a very large 'but!'

Have you ever negotiated with Openreach?

I have, and it went something like: "We'll try to accommodate your wishes, but if there's a serious practical or monetary constraint, we reserve the right to put it where we choose." (in that case a pole.)

To be fair, they did agree a suitable place with me , but then they couldn't read their own plans and damn near put it about 25m away on someone else's property, so who knows, this box may end up on the other side of the road!