BT Wayleave Rights

TeddyGranby155

Hi All,

I have seen a number of posts on here but a little confused at how to go about getting a telephone pole shifted.. most importantly FOR FREE!

I currently have a telephone pole on the rear boundary of my property, very much on my land. I have confirmed with OpenReach there is no wayleave on the pole. The pole does not provide my home with telephone service. Our service comes from a pole at the front of our property.

I have called Openreach who kindly told me they have every right to be there and it will cost us to get a survey done for it to be moved.... Which he followed up with a bazar comment:

"You might have found that there was a verbal agreement to have it in your garden before you moved in.. we just don't know"

The pole isn't the most erect in my opinion so could do with some maintainance, neighbours have commented that the lines to their houses have sagged etc.

I would like it to be moved because we have a lovely view of horses fields and the pole is slap bang in the middle of our lookout and upsetting my morning coffee haha! I do think that openreach are going to struggle to find a location for it so I wouldn't care if it was on our land as long as it was off to the side/corner of the garden.

I am thinking of requesting it be removed completely and then hopefully I can be the hero and settle on them moving it for free if they keep it on our land.

Any suggestions on what to put in the notice letter would be great, do I mention its wonky and there's now sagging lines also?

Buzby

Has it occurred that if on the boundary, the other party may conceivably signed the wayleave? Sadly, there is no 'right to a view' and your sanction was not to purchase the property as it was there prior to your purchase.

If the pole needs maintenance, this will be picked up and repaired, but hoping it somehow disappears at no cost you you is unlikely. My neighbour had a similar issue - but it was a Street cabinet. He wished to open up his front garden to get 2 cars in, but the box was in the way and the cost to move was £4,500 which was claimed to be a 'contribution' not the full cost.

The Box stayed.

bingo_bango

If there is no written wayleave, then it simply doesn't exist. Verbal agreements don't even come in to it....unless:

if a previous occupant asked for a line installation and this pole was used to provide it, then there is no need for a written wayleave. This permission is implied as part of the installation request. Any chance that may be the case here?

On the basis that your service comes from a pole elsewhere on the property I would guess this isn't the case, so this brings you back to having a pole without a wayleave in place.

There is a post on here from 2008 (yep!) which appears to have a response from an Openreach planning bod. It isn't very likely that you will get too far from reading it, but it might give you a flavour of the position.

TeddyGranby155

Buzby wrote: »

Has it occurred that if on the boundary, the other party may conceivably signed the wayleave? Sadly, there is no 'right to a view' and your sanction was not to purchase the property as it was there prior to your purchase.

If the pole needs maintenance, this will be picked up and repaired, but hoping it somehow disappears at no cost you you is unlikely. My neighbour had a similar issue - but it was a Street cabinet. He wished to open up his front garden to get 2 cars in, but the box was in the way and the cost to move was £4,500 which was claimed to be a 'contribution' not the full cost.

The Box stayed.

I say boundary... it's without doubt on our land. There is no wayleave on the pole. They have confirmed that. I am hoping as they have no records to confirm they can have it on our property that should suffice to some sort of negotiation for it to be moved.

Browntoa

pole may predate the property and was enclosed in your garden at that point.


best you may get is a wayleave payment each year

TeddyGranby155

bingo_bango wrote: »

If there is no written wayleave, then it simply doesn't exist. Verbal agreements don't even come in to it....unless:

if a previous occupant asked for a line installation and this pole was used to provide it, then there is no need for a written wayleave. This permission is implied as part of the installation request. Any chance that may be the case here?

On the basis that your service comes from a pole elsewhere on the property I would guess this isn't the case, so this brings you back to having a pole without a wayleave in place.

There is a post on here from 2008 (yep!) which appears to have a response from an Openreach planning bod. It isn't very likely that you will get too far from reading it, but it might give you a flavour of the position.

I can't see that being the case. If there was an exsisting wayleave I would presume that it would have showed up when we bought the property.

Our house is a 1800's cottage with a lot of history that I am guessing pre dates Open Reach. I think it will be a case of "Prove it" on their part? Not sure.

Our line is actually from a pole down the street! Nothing on our land services our house. Fingers crossed for a missed 28 day deadline

Buzby

Ask neighbours who get service from the pole when it was provided - local knowledge is a useful thing. Do also remember they can claim 'adverse possession' if it has been there long enough - and they have rights which predate Openreach, as they were also known as Post Office Telephones and the GPO (General Post Office).

EachPenny

TeddyGranby155 wrote: »

The pole isn't the most erect in my opinion so could do with some maintainance, neighbours have commented that the lines to their houses have sagged etc.

My parents have a similar pole (combined electricity and phone) on their land next to the boundary. Many moons ago the electricity board started doing safety assessments and this pole gained the addition of a little metal plate painted red with a "D" stamped on it. It was explained that this was a 'D Notice' because the pole had failed the assessment, but we didn't have to worry.

Much later on an Openreach engineer came to do some work on the neighbours line and was about to climb the pole with a ladder. When my brother pointed out the "D" the engineer did some swearing and left. A week later they came back with a cherry-picker to finish the work.

Something like 30 years later the pole is still there complete with its faded "D". If you think you'll get the pole moved to a new position for free due to a lack of erectness and saggy lines then you'll probably be waiting a lot more than 30 years.

In my professional life I've been involved in getting lots of BT equipment moved - it has never been done for free.

TeddyGranby155

EachPenny wrote: »

My parents have a similar pole (combined electricity and phone) on their land next to the boundary. Many moons ago the electricity board started doing safety assessments and this pole gained the addition of a little metal plate painted red with a "D" stamped on it. It was explained that this was a 'D Notice' because the pole had failed the assessment, but we didn't have to worry.

Much later on an Openreach engineer came to do some work on the neighbours line and was about to climb the pole with a ladder. When my brother pointed out the "D" the engineer did some swearing and left. A week later they came back with a cherry-picker to finish the work.

Something like 30 years later the pole is still there complete with its faded "D". If you think you'll get the pole moved to a new position for free due to a lack of erectness and saggy lines then you'll probably be waiting a lot more than 30 years.

In my professional life I've been involved in getting lots of BT equipment moved - it has never been done for free.

Oh good to know. I know it isn't anything to do with electricity as my entire village is run on oil.

I wouldn't expect them to move it because of saggy lines at all! Hopefully we can battle our the right for it to be on our land.