Openreach pole situated on land i own - can anyone advise

nunu123

The wording in the code is quite ambiguous, which may or may not help me.
Thank you all.

dlmcr

It is a shame that you stated when you wrote to openreach that you wanted to improve the land, if you had used a different reason you might have strengthened your case to get them to move it for free. I offer this thread which although quite old may still be relevant:



https://forums.moneysavingexpert.com/discussion/4682647/bt-pole-on-my-property&page=5#topofpage


Ninnut85 on that thread appears to have been in similar circumstances, after a lot of persistence they got the pole moved free of charge, however they did not state that they wanted to "improve the land" which I suspect would have made some difference to the outcome...I will leave you to read that thread and form your own opinions.

da_rule

I would start by asking them how they think they have code rights in the first place.

Part 2 and Part 4 of the Code are the only way in which rights can be inferred. Part 2 sets out that the code is in the form of a written agreement (which is similar to a lease) and Part 4 is where an agreement is imposed by the Courts.

If they don't have a code agreement in place then they cannot rely on the code.

Also, as you say, the code (and the code of practice published by OFCOM) make it quite clear that the landlord (the person hosting the equipment) can bring a code agreement to an end, on 18 months notice, for the purpose of redeveloping the land. There is no requirement to pay compensation. This is obviously assuming that they have a code agreement in place.