Ask to remove electricity pole/bury cable

waveneygnome

Looking for some advice:
Electricity pole in my garden/boundary hedge.  Pole has single cable leading to neighbours property.
Had DNO surveyor out last year to get an idea of cost to bury the cable/would enhance look of my property.
Surveyor said she couldn't quote, as the cable didn't supply my house - just that of the neighbour = she suggested checking the wayleave.
Seven months later, the wayleave team have confirmed no wayleave present, please can you sign a new one.

What should my next steps be?
(I really would like the have the cable buried, I'm happy to contribute to the cost/dig trenches etc on my land)
Presumably I should not sign any wayleave agreeement.
Do I go back to the wayleave team and request cable be buried?

(Should add that I have spoken to the neighbour, and they are happy to have the cable buried, but they are pensioners/I would not feel comfortable/want them to have to foot any of the bill for my indulgence) 

 

Shelldean

Surely with no wayleave in place they have no right to have the pole there?? So refuse to sign and ask them to remove it?

Davesnave

Shelldean said:

Surely with no wayleave in place they have no right to have the pole there?? So refuse to sign and ask them to remove it?

Hmmmm....perhaps it's not quite that simple.

I was in a similar position, my neighbour having convinced (bribed?) Openreach engineers to move a pole onto my land when lightning took out the previous one in his yard. This happened at a time before I purchased, but Openreach still had the map showing the pole's original position, by then the middle of an outbuilding!

The Openreach surveyor was willing to move the pole in order to get a formal agreement from me and pay the wayleave due, but he stressed that my choice of location had to work for him too. He made it clear at the outset he had the power to place the pole wherever he liked, 'if push came to shove.'

Being a reasonable person, I was able to agree a location that was fine by me and not spoiling another neighbours view, but I kept in mind what was said. The utility companies have the ultimate right to install equipment where they deem it must go, so not signing an agreement and failing to engage with a surveyor might not be the best strategy.

It seems the OP is willing to meet the extra cost of burying the cable, so that's positive. In my limited experience, the regional power distribution company is more responsive and easier to deal with than Openreach, but other people's local conditions may be different.

anteguardian

Davesnave said:

Shelldean said:

Surely with no wayleave in place they have no right to have the pole there?? So refuse to sign and ask them to remove it?

Hmmmm....perhaps it's not quite that simple.

I was in a similar position, my neighbour having convinced (bribed?) Openreach engineers to move a pole onto my land when lightning took out the previous one in his yard. This happened at a time before I purchased, but Openreach still had the map showing the pole's original position, by then the middle of an outbuilding!

The Openreach surveyor was willing to move the pole in order to get a formal agreement from me and pay the wayleave due, but he stressed that my choice of location had to work for him too. He made it clear at the outset he had the power to place the pole wherever he liked, 'if push came to shove.'

Being a reasonable person, I was able to agree a location that was fine by me and not spoiling another neighbours view, but I kept in mind what was said. The utility companies have the ultimate right to install equipment where they deem it must go, so not signing an agreement and failing to engage with a surveyor might not be the best strategy.

It seems the OP is willing to meet the extra cost of burying the cable, so that's positive. In my limited experience, the regional power distribution company is more responsive and easier to deal with than Openreach, but other people's local conditions may be different.

OP You won’t get a better or more reasoned response than this - and even includes an example for you...

That’s such a shame in your situation as you weren't around at the time...
I would be seriously questioning though if there was already a previous wayleave that was marked on a plan in your neighbours garden, even if lightning destroyed it, you would be well within your rights to ask them to replace it in the original position or atleast understand why they can’t do that other than the neighbour doesn’t want it there.

Davesnave

anteguardian said:

Davesnave said:

Shelldean said:

Surely with no wayleave in place they have no right to have the pole there?? So refuse to sign and ask them to remove it?

Hmmmm....perhaps it's not quite that simple.

I was in a similar position, my neighbour having convinced (bribed?) Openreach engineers to move a pole onto my land when lightning took out the previous one in his yard. This happened at a time before I purchased, but Openreach still had the map showing the pole's original position, by then the middle of an outbuilding!

The Openreach surveyor was willing to move the pole in order to get a formal agreement from me and pay the wayleave due, but he stressed that my choice of location had to work for him too. He made it clear at the outset he had the power to place the pole wherever he liked, 'if push came to shove.'

Being a reasonable person, I was able to agree a location that was fine by me and not spoiling another neighbours view, but I kept in mind what was said. The utility companies have the ultimate right to install equipment where they deem it must go, so not signing an agreement and failing to engage with a surveyor might not be the best strategy.

It seems the OP is willing to meet the extra cost of burying the cable, so that's positive. In my limited experience, the regional power distribution company is more responsive and easier to deal with than Openreach, but other people's local conditions may be different.

That’s such a shame in your situation as you weren't around at the time...
I would be seriously questioning though if there was already a previous wayleave that was marked on a plan in your neighbours garden, even if lightning destroyed it, you would be well within your rights to ask them to replace it in the original position or atleast understand why they can’t do that other than the neighbour doesn’t want it there.

It wasn't a massive problem. One reason nobody had noticed was that our property extends to almost 6 acres and this was on a far-off wooded boundary. I wanted the neighbour to know that we'd been paid the wayleave due and had chosen a new site ourselves. The gentleman is known to be very aggressive and holds grudges, so it simply wasn't worth making this into a drama. Besides, we got to keep the old pole. They make wonderful, everlasting gate posts!