Openreach pole situated on land i own - can anyone advise

davidmcn

nunu123 wrote: »

Our local council has a policy of not signing Wayleave Agreements.
It's not really a matter of whims, The land isn't exactly huge. I would like to request a copy of their records, as to when it was placed there.

The council's records? If it was erected by the GPO in 1972 and there was no wayleave required from the council, I can't see any particular reason why the council would ever have had a record, let alone be able to produce it now.

nunu123

My apologies, Openreach records. I think my best bet would be to write to them again. I have read on other forums how people have successfully had the poles removed. I had written 2 years notice, it is actually 18 months notice that BT require to find an alternative site.

HampshireH

By!nunu1239th Feb 19, 6:24 PM

Well, the EC Code actually states that's Providers cannot enforce payment by the land owner.

Just like you cannot enfore they move it.

What you have quoted only confirms that they can't chase you for payment. However if they don't remove it then you won't need to chase them.

davidmcn

nunu123 wrote: »

My apologies, Openreach records.

But it sounds like they've already told you what's on their records?

G_M

nunu123 wrote: »

Unfortunately, I don't have it to hand. The Code also encourages mediation so that both parties can come to an agreement.

I'm sorry but I doubt we have wayleave experts here in this forum who know the regs backwards and can validate or contradict what BT have told you.

But we do have some intelligent people, and some people (intelligent or otherwise) with some experience in reading /interpreting legal documents.

So, quote the wording with references and we'll do our best, but we are all volunteers and, though I can't speak for others, there's a limit to how much research I'm willing to do, and how much spoon-feeding.


Give us something to go on!

nunu123

You are right, I cannot enforce that they move it, however, the Code gives provisions for removal, specifically, the redevelopment of land. Operators have to make it easy for land owners to have apparatus re sited.

nunu123

I would like to thank you all for the points you have given, whether positive or negative.
What I have written in the opening is exactly what was in the letter.

nunu123

I cant post links, as I am kind of new to this. It is the EC code of Pactice.

Davesnave

nunu123 wrote: »

Well, the EC Code actually states that's Providers cannot enforce payment by the land owner.

Perhaps not, but as landowners cannot remove poles themselves, and the landowner in this case is unwilling to commit financially to move a legitimate, functioning pole, there would seem to be an impasse.

You are a developer. BT/Openreach have, quite rightly, decided that it should be developers, not their customers, who fund moving poles that inconvenience private building projects.


I had a pole moved FOC, but in my case the pole had been mysteriously spirited away from its proper location and placed surreptitiously on my land. Its original location was then built upon. The Openreach surveyor agreed that this action must have been carried out with collusion from members of their workforce during repair work in 2007, but he didn't share whether he knew more than that.

As regards 'mediation,' I was left in no doubt that if push came to shove, Openreach could relocate the pole wherever they liked. However, as reasonable people, we agreed a place which avoided damaging a neighbour's view or disturbing my fencing.

I accepted the one off wayleave payment of £150 and the work was done about 4 or 5 months later. It involved 6 persons in 3 vehicles from a depot roughly 60 miles away and took all day. No wonder it costs thousands!

nunu123

Thank you Davesnave. I'm not really a developer in that sense. We just bought a small plot as an investment, and hoping to become mortgage free.
I understand where everyone is coming from.
I think my best bet is just to write it out with them, and see how far we get. like one of the earlier posters said, there aren't any Wayleave experts on the here, and this really isnt a wayleave issue.