Who owns the utility cabinet?

Cuilean · 10 July 2019 at 12:35PM

We're in the middle of buying a house with what I think is a green BT utility cabinet in the garden, to the side of the house. Land Reg plans confirm the area of land it's on does belong to the house, but obviously don't show the cabinet. My solicitor has got nowhere with her enquiries. The current owners have been in the house since it was built, and say they don't know whose it is. It was there when they moved in. They have been quite generous to BT when fencing their garden, and assuming the sale goes through, I'd like to reclaim some of that land.

My understanding from reading posts here is that there ought to be some sort of wayleave agreement organised, but until I know who to speak to about it, I'm a bit stumped as to what to do next. Is there any way either my solicitor or I can find out who owns it?

Picture of the box in question - the entire verge area it's on belongs to the property:

Rosieandjim · 10 July 2019 at 12:39PM

We have one exactly the same opposite us and it is owned by Virgin. Hubby has just informed me that there is also another one place by our local park which is Virgin also. Virgin workmen come round quite regular to do whatever they do within it.

You could Try different providers to see who may own it

davidmcn · 10 July 2019 at 12:55PM

Cuilean wrote: »

My solicitor has got nowhere with her enquiries.

Do those enquiries include getting searches from the relevant telecoms providers, which would seem a sensible first step?

Not sure what you mean by "reclaiming" the land though, their rights are unlikely to extend to any more than the cabinet itself and the right to lead the cables into it.

Has anyone checked that the verge doesn't form part of an adopted highway?

[Deleted User] · 10 July 2019 at 12:58PM

Hi,

Cuilean wrote: »

The current owners have been in the house since it was built, and say they don't know whose it is. It was there when they moved in.

it certainly looks like a BT cabinet, it may have various phone line wires in it and possibly broadband cables. for the area.

You say it was there before the house was built, is there an ID number on the cabinet, and any info on the manhole covers, those lighter bits in the middle sometimes have a BT stamp?

Either way try phoning Open Reach and give the location of the cabinet, unless of course your solicitor has already tried that.

Exodi · 10 July 2019 at 1:18PM

Out of curiosity, what is the intentions behind your line of questioning?

Are you making sure all the paperwork is in order for future sales or are you hoping you can force them to come along and rip it out?

Cuilean · 10 July 2019 at 1:42PM

davidmcn wrote: »

Do those enquiries include getting searches from the relevant telecoms providers, which would seem a sensible first step?

I did not know she could do a telecoms search - thank you, I will ask her to do so ASAP.

davidmcn wrote: »

Not sure what you mean by "reclaiming" the land though, their rights are unlikely to extend to any more than the cabinet itself and the right to lead the cables into it.

I have perhaps used the wrong words there. Essentially, if it's my land, I want the use of as much of it as possible, and I'd like to fence it off to protect it. I'm a secret Gardeners' World fan, and the more space I have to grow my plants, the happier I am

I have no intention of stopping any engineer doing their job. These cabinets have to go somewhere, but I would like to know whose property is on my land.

davidmcn wrote: »

Has anyone checked that the verge doesn't form part of an adopted highway?

No, the verge is definitely private land assigned to the house.

davidmcn · 10 July 2019 at 1:53PM

Cuilean wrote: »

No, the verge is definitely private land assigned to the house.

You've got a highways search including that pavement, and it's confirmed that the verge isn't the council's responsibility? Because that's what it looks like to me. What's the grass nearer the camera?

Cuilean · 10 July 2019 at 2:17PM

davidmcn wrote: »

You've got a highways search including that pavement, and it's confirmed that the verge isn't the council's responsibility? Because that's what it looks like to me. What's the grass nearer the camera?

Correct - the council has no interest in the land. We specifically queried it because the current owners weren't sure it was theirs, even though they'd been maintaining it for 30+ years. The house is at the start of a cul de sac, and the boundary of my property is against the pavement. The area of grass nearer the camera is the council owned grass verge between the pavement and the road.

davidmcn · 10 July 2019 at 2:21PM

Fair enough. I wouldn't overthink the details of the wayleave agreement though, as long as you're not obstructing access or digging up their cables it's not going to matter.