BT Wayleave advice for telegraph pole.

alfvenwave

Hi, we have a BT Openreach telegraph pole on our property (serving in total 3 properties). It's right in the way of where we want to locate a new garage. Also, one of the cables cuts right across our garden and drive where we want to plant some trees.  I have checked our deeds and see no evidence of a Wayleave agreement, and we have not received any payments from BT/Openreach in the 12 years we have lived at the property. I would like to see the pole moved about 10 feet off our land onto an area of riparian ground (perfectly suitable location, 10 feet from roadside).  I think the next step is to determine if BT/Openreach have a Wayleave for the pole. I have found a form 39(1) of Part 6 of Schedule 3A of the Communications Act 2003. Should I just fill this out and send it in or is there a phone number I can call (the form says they can take up to 3 months to respond but it does also make clear that if they don't respond in that time I can simply remove it). I can't do that of course because one of the lines is to our house. Can anyone advise me on the best way to proceed? Would it be better for example to engage a wayleave specialist? Thanks in advance, Rob.

Pok3mon

It might be someone previously revived wayleave compensation a one off payment. Highly unlikely they will move it and if they will it will cost you a few bob. 

Developers are very clued up an wayleaves and tend to claim the compensation so no payments are due to the owner.

You have just remanded me I have a wayleave on my property I am selling!!

user1977

I think if you want to shift the cable serving your own property, you'll need to pay. 

NeverTooLate

You need to find the wayleave department at Openreach and ask them if there is an existing wayleave for the pole.

If there isn't then they will offer you one and you can ask them how much to move the pole.

We have the same issue with an electric pole, the stay wire is in the way of our intended parking area. They have offered to move the stay wire a few yards for a fee - it's only a few hundred pounds, but it's a lot easier to move a wire than resiting the whole pole.

The previous owners of our property had a wayleave for the pole, but it had expired.

Section62

NeverTooLate said:

You need to find the wayleave department at Openreach and ask them if there is an existing wayleave for the pole.

If there isn't then they will offer you one and you can ask them how much to move the pole.

The rules do differ depending on whether your property is served by the pole in question.

If the pole is required to serve your property (even if the wire is not currently in use) then it could be there and with apparatus serving other properties without necessarily requiring a wayleave.

alfvenwave

Thanks everyone for the useful advice. I will try to find out more from Openreach.  Rob.