Advise concerning unauthorized BT line installed on freeholders land

Takmon

m0bov wrote: »

All the properties have BT lines plus Cable. However external aerials are not permitted in the lease.

Well considering that you said the line was needed but didn't disagree when people said the line was faulty then that's probably why. A line that doesn't work properly is no different than no phone line at all.

m0bov wrote: »

If they had notified their leaseholder the agents could have liaised with BT.

You said that if they had done that then permission would have been refused. But they still have a right to the phone line so that would have been pointless.

Plus it wasn't BT who installed this line, BT don't install lines.

AdrianC

I've just had a thought. I wonder if this "line" is actually FTTP - it'd certainly explain why there's a second line to the property, and why there's other additional infrastructure required.

OP - is the property rural? What are ADSL speeds like there? Are you on FTTC?

m0bov

Its a grey cable, we are in a built up suburb. I'm not sure if/what the fault is with the line. All properties seem to use Virgin for TV and broadband, this is the only one to have a line installed.

If its for business use then that's another covenant!

AdrianC

You keep mentioning covenants - but you haven't answered if you are the beneficiary of them.

NeilCr

This might be worth a read

https://robbratby.com/uk-telecoms-law/electronic-communications-code-and-telecoms-planning-issues/

I'd have thought (but don't know for sure) that BT (or whoever) should have spoken to the landowner before commencing work. There is a bit in there about what happens if the landowner refuses consent. And I thought this relevant (?)

"A constraint on an operator’s rights is contained in paragraph 2(1) which states that the written agreement of the occupier of the relevant land is required for the operator to be conferred such rights"

Have you got a Managing Agent? As a director that's the first place I'd have gone for advice, to be honest.

I am quite interested in this. We have a meeting with our MA tonight and I'll ask her opinion!

ETA.

I emailed her instead. Her view was that they should speak to the landowner first.

I guess, if you do want to carry this on you could contact BT to ask who they consulted with landowner wise about doing this work on your land.

m0bov

AdrianC wrote: »

You keep mentioning covenants - but you haven't answered if you are the beneficiary of them.

All those who have a share in the freehold do.

m0bov

NeilCr wrote: »

This might be worth a read

https://robbratby.com/uk-telecoms-law/electronic-communications-code-and-telecoms-planning-issues/

I'd have thought (but don't know for sure) that BT (or whoever) should have spoken to the landowner before commencing work. There is a bit in there about what happens if the landowner refuses consent. And I thought this relevant (?)

"A constraint on an operator’s rights is contained in paragraph 2(1) which states that the written agreement of the occupier of the relevant land is required for the operator to be conferred such rights"

Have you got a Managing Agent? As a director that's the first place I'd have gone for advice, to be honest.

I am quite interested in this. We have a meeting with our MA tonight and I'll ask her opinion!

ETA.

I emailed her instead. Her view was that they should speak to the landowner first.

I guess, if you do want to carry this on you could contact BT to ask who they consulted with landowner wise about doing this work on your land.

Hi many thanks, our agents seem to just merely pass or act on our instructions rather than offer any advice. I will pass that on and see.

:beer:

NeilCr

m0bov wrote: »

Hi many thanks, our agents seem to just merely pass or act on our instructions rather than offer any advice. I will pass that on and see.

:beer:

Thought about changing agents?

We did and the new one is so much better than the old one it's untrue. Answers queries promptly, keeps us up to date on progress, advises on legislation, talks to residents, attends site when she says she will, advises us if we ask etc etc.

The process was a bit of pain and the departing agent wasn't exactly very helpful but it's been worth it

Loanranger

Utility companies have wide ranging powers in order to provide appropriate infrastructure. I worked for BT many years ago and you would be surprised at the powers they have. In compensation they would pay one shilling a year, 5p, to the landowner.
Get a life.

m0bov

Loanranger wrote: »

Utility companies have wide ranging powers in order to provide appropriate infrastructure. I worked for BT many years ago and you would be surprised at the powers they have. In compensation they would pay one shilling a year, 5p, to the landowner.
Get a life.

My you seem very bitter...