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I am a new member and have been browsing the site and it is a mine of helpful information. I am so pleased I joined. In that spirit I found a few references to “wayleaves” and Openreach” and that "Openreach can do what they like". Briefly I will recount an experience I had this year. I hope the below is not too long and give courage to others. On day I was in my garden and heard a lorry and much shouting. For context my house stands back on a long drive as part of an old Victorian property converted into individual homes in 1927. The road is a short cul-de-sac so lorries and people attract attention. I went to see what was happening and found a gang of men with a lorry containing telegraph poles looking at my drive and garden. Enquiring what they were doing gained the information that the pavement was too narrow to place a pole needed for a new fibre optic line so they were going to put it in my garden! Some discussion took place as I explained they were trespassing and bound to damage some of my plants and “no you’re not putting that pole anywhere on my property”. (Language adjusted for publication!). They with bad grace put the pole back on the lorry and left. About a week later there was a rerun of the above with a bit more aggression on the part of the “foreman”. The end of that conversation was that I went to my house and returned with a chainsaw and explained in very small words that if the put the pole up it would only take minutes for me to “take it down”. A few days later there was a knock on my door and two men in suits identified themselves as Openreach managers. Again, they tried to pressure me and said I could not stop them putting up the pole. I said that that just wasn’t true without a long process, potentially involving courts which could take months. Did they really want that? I said, “in any event you have not asked if I mind you putting a pole on my land, you just turned up and were going to do it”. Embarrassed looks and conversation on their part revealed that they should have written to me and basically asked permission to enter my property. They apologised that that had not happened. They also agreed the first crew were completely wrong in what they were about to do. We glossed over my threat to cut down the pole, probably not actually a great idea in practise! The rest our conversation was less confrontational. An official wayleave followed with £150 compensation and an agreement that the foreman of the next crew would agree a suitable position for the pole which was acceptable technically and did not inconvenience me. The pole is now in position with wires attached (they do not serve my house) and I can’t see the pole from the house. Legally it is also their pole so if anything happened it is their problem, not mine. Openreach do have certain rights but also has rules which they should follow.

Hi - I have just joined this site and would like some advice. I am just purchasing a couple of acres of land which comes with planning permission for a new dwelling. There are two relatively small power poles on the site (not near the dwelling site). According to the solicitors and title deeds there are no easements or way leave agreements in place. Has anyone ever had any experience with utility companies and wayleave agreements and whether if there is any risk in in the power company claiming rights over the land despite the absence of any agreement. Many thanks