Overhead cable removal

Granglio

Hello all,

Wasn’t sure if this is the right place to post this, apologies if it’s not.

Anyway, my neighbour owns the property adjacent to mine as well as the property behind mine. They have an internal telephone cable (not bt/openreach) going from the one property to the other, this cable goes straight over my back garden (they used to own all 3 properties joined together into a large care home complex), I have asked them numerous times to remove it (over about 4 months). They just say they will get round to it. The property next door to mine is vacant so the phone line is not in use. Would I be within my rights to remove it? Can they legally have a cable going over my garden?

Thanks in advance.

Aylesbury_Duck

I don't think they can have it there without your agreement. The trouble you have is that unlike trees, I doubt you can just cut the cable at the two points it crosses your boundary and offer them the removed 'branch' (although that would be fun to do...:D) because you would be damaging their property.

Interesting situation because the only way of removing it without damaging it is to enter their property. If it were me, I'd write to them formally, giving them 14 days to remove it or you will seek a way to have it removed and bill them for the cost of doing so. I'm not sure how you'd enforce that threat though, they might just call your bluff.

stator

If the cable was there when you bought the place, I doubt you have the right to remove it

TheCyclingProgrammer

stator wrote: »

If the cable was there when you bought the place, I doubt you have the right to remove it

Why? Unless OP is aware of any formal agreement that permits their neighbour to trespass on their property (and even then would it necessarily apply to them?) they have every right to ask the neighbour to remove it.

Granglio

TheCyclingProgrammer wrote: »

Why? Unless OP is aware of any formal agreement that permits their neighbour to trespass on their property (and even then would it necessarily apply to them?) they have every right to ask the neighbour to remove it.

I doubt there is a formal agreement in place, they owned all of the properties beforehand. I think I will proceed with the 14 day letter.

Grenage

I wonder if you gain an easement if it's been there a very long time.

Mistral001

They have consented to remove it. It is just when that is the problem. I would keep sending a letter say once a month.

Have you a reason for getting the cable removed other than it being unsightly? I would write to owners of the line again and list any reasons you can think of for getting it removed. Possible reasons you perhaps have not thought of are birds perching on the cable and their droppings dirtying roofs or clothes on clothes lines below, children cannot fly kites in the garden etc. I would keep it to the credible though. When the owners of the cable see credible damages that perhaps a lawyer could quantify in terms of cash, then they will act with perhaps more urgency.

Davesnave

stator wrote: »

If the cable was there when you bought the place, I doubt you have the right to remove it

A right by prescription would only arise if the cable had been traversing the OP's property for 20 years from the date when their house ceased to be part of the care home.


All the more reason to write to the owner, removing the 'permission' granted for the cable to be there on a temporary basis.

Granglio

Mistral001 wrote: »

They have consented to remove it. It is just when that is the problem. I would keep sending a letter say once a month.

Have you a reason for getting the cable removed other than it being unsightly? I would write to owners of the line again and list any reasons you can think of for getting it removed. Possible reasons you perhaps have not thought of are birds perching on the cable and their droppings dirtying roofs or clothes on clothes lines below, children cannot fly kites in the garden etc. I would keep it to the credible though. When the owners of the cable see credible damages that perhaps a lawyer could quantify in terms of cash, then they will act with perhaps more urgency.

Yes it’s mainly because it’s unsightly. It goes diagonally across my garden and it just make it look a mess.