Wayleave help

craigmm

Hi we brought the land next to our house which already had a pole on so contacted BT to see if there was a wayleave to access the pole currently on the land and there response was:

" Your application stated that your property was previously owned by the local authority. A search of the title deeds revealed that our apparatus is covered under paragraph 2 of Schedule 6 of the Housing Act 1985. A wayleave is not required. "

The title deed section the highlighted was:

The section in the title deed is:

A: Property Register

This register describes the land and estate comprised in

the title.

A: Property Register

This register describes the land and estate comprised in the title.

SUFFOLK : WEST SUFFOLK

1 (29.11.2002) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being Land adjoining address removed

2 (29.11.2002) By Transfers of adjacent or neighbouring land pursuant to Part II of the Housing Act 1985 or some other Act or authority the land in this title has the benefit of and is subject to rights of drainage, rights in respect of water, soil, gas, electricity and other services and ancillary rights of entry, rights of way over roads, footpaths, garage forecourts and joint accessways (if any), rights of support and other rights.

3 (23.03.2015) The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 6 March 2015 referred to in the Charges Register.

4 (23.03.2015) The Transfer dated 6 March 2015 referred to in the Charges Register contains provisions as to light or air and boundary structures.

5 (29.11.2002) By Transfers or Conveyances of adjacent or neighbouring land pursuant to Part V of the Housing Act 1957, Chapter 1 of Part 1 of the Housing Act 1980 or Part V of the Housing Act 1985 the land in this title has the benefit of and is subject to rights of drainage, rights in respect of water, soil, gas, electricity and other services and ancillary rights of entry, rights of way, roads and joint accessways (if any), rights of support and the easements and other rights prescribed by paragraph 2 of either Schedule 2 of the Housing Act 1980 or Schedule 6 of the Housing Act 1985.

I have now been contacted by City Fibre who now want access to the pole by digging up our land to place a new cable, My question is where do we stand ??

Thank you if you can give any advice