Openreach Wayleave Agreement

Raggie

Question on an Openreach Wayleave agreement.

Suppose an agreement has been offered, but the landowner decides not to take up their offer of signature and payment.  I know that there is a recourse for Openreach via the courts, but anyone pursued the "no thank you, move your equipment" route?
Its one I'm considering.

Cheers 

ElephantBoy57

You might get more responces if you give us some details.

The landowner can only terminate the wayleave agreement for specific grounds under the Code such as an intention to redevelop and cannot use those grounds to terminate unless the wayleave agreement itself provides for its termination.  Wayleave agreements are usually standard documents presented by the telecoms operator and the landowner may not be given much time to negotiate its terms.  Even if the landowner can bring the wayleave agreement to an end, there are rather long notice periods required (18 months) and the telecoms operator can serve counter-notice objecting.  The Code then sets out a prescribed procedure for the removal of the apparatus.  If no agreement as to removal is reached, the landowner has to resort to the courts.

https://realestate.howardkennedy.com/post/102frqh/way-to-go-issues-with-telecoms-wayleave-agreements-for-property-owners

Raggie

ElephantBoy57 said:

You might get more responces if you give us some details.

The landowner can only terminate the wayleave agreement for specific grounds under the Code such as an intention to redevelop and cannot use those grounds to terminate unless the wayleave agreement itself provides for its termination.  Wayleave agreements are usually standard documents presented by the telecoms operator and the landowner may not be given much time to negotiate its terms.  Even if the landowner can bring the wayleave agreement to an end, there are rather long notice periods required (18 months) and the telecoms operator can serve counter-notice objecting.  The Code then sets out a prescribed procedure for the removal of the apparatus.  If no agreement as to removal is reached, the landowner has to resort to the courts.

https://realestate.howardkennedy.com/post/102frqh/way-to-go-issues-with-telecoms-wayleave-agreements-for-property-owners

Cheers, 

Not much more to add.
We have a JB on our land.
Openreach want to work in it.
I pointed out that in the last decade we had tried 3 times to organise a wayleave agreement which was ignored, on those occasions we permitted "one off" access, until yesterday.. where a contractor for openreach damaged our property when accessing the JB.. he decided no point in knocking and asking us to move the car.. .. i kicked them off, refused access as no agreement in place.. 

A couple of hours later, Openreach were in touch with an outline agreement for me to sign.

After 10 years I'm in no rush to sign.. they obviously are.. so.. if I don't sign and instead propose they move their equipment whats their next step?

TLDR: no wayleave in place, Openreach want to set one up, if I don't sign what can they do?

unforeseen

They could move the JB and not reconnect you. 
They can just go to court or invoke the powers that they have. They have the law on their side. You get to miss out on a little bit of money

Raggie

unforeseen said:

They could move the JB and not reconnect you. 
They can just go to court or invoke the powers that they have. They have the law on their side. You get to miss out on a little bit of money

Thanks,  kinda where my thinking was at.
The JB doesn't serve my property (ours is via another in the road).  So connection or reconnection is not a concern.
I guess I've already decided to go down the "move it" route.. I will update the thread if anything interesting happens .

Cheers

Pinehamite

Hi raggie

I'm in a similar situation, just wandering if you had any luck or any further info? 
Thanks 

schoon

Yeah me too.

Raggie

Hi,  to close this for those who asked. 

Ended up with the "exec complaint team", they investigated and concluded that relocation of their equipment was not possible (due to existing drainage in the road).  They essentially asked what they needed to do to make it possible to leave the equipment where it was.

There was no heavy handed approach, no threats of court or to cut us off. Good old fashioned negotiations. 

We came to an agreement of a wayleave of £x paid by the wayleaves team and a inconvenience payment of £y paid by the exec team.

As I got a very good payment which  I was happy with I signed amd we closed the matter.