Wayleave - extra cables being added?

--Tony--

Eldi_Dos said:

@--Tony-- ,Appears your suspicion that they were trying to bamboozle Mum was well founded,which is a sad indictment.

Seems to me you have a choice to make, try for free broadband as part of new wayleave or dig your heels in and run the risk of being the last luddite in Canute Close. Bear in mind if you dig your heels in too deep they might decide it is easier to go for a reroute and run cable along existing poles till at adjacent ones either side of Mums property then put up new telecomm poles on opposite side of road and bypass need for new wayleave over Mums property. This would end up with you having more infrastructure around property which I believe you had concerns about.

Please keep us informed how this pans out as I would find it interesting. 

I asked them if there was any reduced rate broadband for those having the lines installed over their land and I was told there are none available, mum really won't benefit from this high speed broadband and as it will be available in the road it won't affect the house value as suggested earlier. The company (Airband) provide free installation from the road anyway so the cables up her drive has no value at all.
In fact I will go as far as saying, personally I was perfectly happy with standard broadband, I upgraded to fast broadband of 40Mbps and frankly it's not changed my life and I will return to standard when my contract ends.

Back to mum, we have decided to state we don't want their line run up the drive as we have no use for it.
That we do not agree they have the right to fix telecoms cables to the poles using the existing wayleave as it only allows for power cables not telecommunication cables.
That any attempt to enter our property with a cherry picker would be considered trespass.
And finally we are very happy to sign a wayleave giving them the ability to install the cables but that the must follow procedure and draw up a new wayleave agreement between my mum and Airband.

We really don't want to stand in their way and quite frankly they have "code powers" which means they can do it anyway if we did try to stop them, we also know it will only mean about £2 a year, but the financials are irrelevant as we just want this done properly with a correct contract.

Eldi_Dos

@--Tony--   This additional pole and line run up the drive, did they give the impression it was to feed only your property or is it to have transmission equipment on it to feed local area. Is the property high up in relation to other properties nearby.

HHarry

I can’t help with the question of connecting extra cables to an existing pole, but in researching a flying overhead Openreach cable when buying my new house it became apparent that they don’t need a wayleave if it’s 3m above the ground and 2m from your property.

So if they stick a new pole up outside your Mums land she mught be stuffed anyway.

https://www.lambchambers.co.uk/property/the-electronic-communications-code-flying-lines-and-the-courts-power-to-impose-agreement/

--Tony--

Eldi_Dos said:

@--Tony--   This additional pole and line run up the drive, did they give the impression it was to feed only your property or is it to have transmission equipment on it to feed local area. Is the property high up in relation to other properties nearby.

It is very rural and a small fam there are only a few properties nearby. It is higher up than other properties but those properties are not close.
The pole on the drive currently only feeds our house with power and they said they would put a cable on that pole for out sole use is we wanted the service (at full cost).
They "claimed" the wayleave they wanted signing was only for this pole (even Western power don't have a wayleave on this pole as it only feeds our house)
They "forgot" to include the plan that was mentioned in the paperwork and when I asked for it, this plan has all three poles shown, so yes, I believe they wee being deceptive.


The poles by the road are also in my mums land and these do feed us and other properties.

--Tony--

HHarry said:

I can’t help with the question of connecting extra cables to an existing pole, but in researching a flying overhead Openreach cable when buying my new house it became apparent that they don’t need a wayleave if it’s 3m above the ground and 2m from your property.

So if they stick a new pole up outside your Mums land she mught be stuffed anyway.

https://www.lambchambers.co.uk/property/the-electronic-communications-code-flying-lines-and-the-courts-power-to-impose-agreement/

I was aware they can have a cable over land without a wayleave but that is not possible in this situation as it currently takes two poles to span this distance and my mums land runs right up to the road with no pavements on either side of the road.
It is very rural and a small farm.

Eldi_Dos

@--Tony-- 
The reason I asked about the pole with no wayleave and the height of the property.
The company use Fixed Wireless Broadband to deliver to premises, look at their webpage to see what type of equipment that could entail, the height of your property might make it suitable for this and to service other properties in line of sight. The lack of plans given to you in paperwork needs clarifying.

One of the reasons big landowners employ Land Agents is to deal with issues like this and ensure nothing is detrimental to the estate and that they receive income for others use of their land. You are only doing the same. Would your local NFU have any input  about what is going on.

NL

Looking for advice re our forthcoming Airband fibre connection in rural Devon. This connection is delayed by nearly two years already and the company has been chaotic at best, putting up poles where we didn't agree to, never getting back on any quieries, sending engineers out after (not before!) the work was done only to say it's all wrong, etc.... We don't want to be held hostage by Airband who are now saying they won't connect fibre to our property unless we sign an 18 months-long broadband contract with them. EE and BT don't currently offer broadband in our area, but I think it's a matter of time and they'll start renting the line out as soon as it's installed. Is it legal for Airband to stipulate that we have to enter into a contract with them to connect superfast fibre when the actual connection is financed by the taxpayers' money under a local government initiative? If I can't work from home I won't be able to work at all due to my disability and our current 4G router only goes so far. Would really appreciate further thoughts on this, thank you. 

markin

NL said:

Looking for advice re our forthcoming Airband fibre connection in rural Devon. This connection is delayed by nearly two years already and the company has been chaotic at best, putting up poles where we didn't agree to, never getting back on any quieries, sending engineers out after (not before!) the work was done only to say it's all wrong, etc.... We don't want to be held hostage by Airband who are now saying they won't connect fibre to our property unless we sign an 18 months-long broadband contract with them. EE and BT don't currently offer broadband in our area, but I think it's a matter of time and they'll start renting the line out as soon as it's installed. Is it legal for Airband to stipulate that we have to enter into a contract with them to connect superfast fibre when the actual connection is financed by the taxpayers' money under a local government initiative? If I can't work from home I won't be able to work at all due to my disability and our current 4G router only goes so far. Would really appreciate further thoughts on this, thank you. 

Would the cost be more or less than getting Starlink, The dish is now on a 30% discount at £300 and £75 a month.

If using webcam /zoom is a large part of the work day then fibre could be the better choice, no momentary drop offs, if that's still a problem it has?