willbish

Crash course in wayleave/easement

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Yesterday during the pouring rain Truespeed were out and about running their fibre cables overhead.

 

This morning Ive noticed the cable routing is different to what I was expecting. I was led to believe the cables would be following the route of the existing overhead cables. 

 

The new cable has skipped out one electricity pole and cut a corner. 

 

This has put a cable over where I intended to have the concrete pump positioned for next week's pour.

 

The pump was due to be on the highway, like the last two previous visits, now I've got no idea where it can be positioned without road closure or covering a field in hardcore.

 

The possible saving grace is the new cable is just and just (depending which way the wind is blowing) overflying my boundary wall.

 

Does this give me the right to cut it down and tell them to put it back once they've sorted a wayleave? 

 

After the concrete pump I also have crane due shortly after to position ridge steels and perlin into place.

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Pictures showing pair of fibre cables deviating from power cables 

A8B6E7F3-C439-49DD-9C2D-CAE635B88747.jpeg

88802F2D-DDCD-4871-BA56-A28B7C4F46FC.jpeg

9E0126D2-1680-4B71-937E-964D5966B21A.jpeg

13219F90-06EE-4B2B-9E7B-6BEFCB7AEA9E.jpeg

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Sadly IIRC you have no rights unless the poles are on your land or there is danger from the cable. The statutory undertakers can hang wires where they like as long as there is no danger from them. If the poles are on your land you are in a very strong position as you can revoke the wayleaves or use the wayleave as a negotiating point but I guess you don't have time for that. 

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Thanks @MikeSharp01

 

None of the poles are on my land.

 

I may have to pursue the safety aspect. The cables are less than two metres from where my (unbuilt) gable end will be.

 

They are also about 1.2m from the nearest scaffold pole. Is that a safety concern? It's not like they are power cables though.

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You do still have rights regarding overflying cables, as they are known. I have power cables over flying our land  and had a to-do with SSE over these.

They can't put cables wherever they choose without permission, regardless of whether there are poles on your land. The cables cross your land subject to your granting permission, agreed in advance.

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1 hour ago, vivienz said:

You do still have rights regarding overflying cables, as they are known. I have power cables over flying our land  and had a to-do with SSE over these.

They can't put cables wherever they choose without permission, regardless of whether there are poles on your land. The cables cross your land subject to your granting permission, agreed in advance.

Thanks @vivienz I remember your troubles with SSE, let's hope this is easier to fix.

 

I really don't want to have to cancel my concrete pour next week. Perhaps the pump will accidentally knock the cable out...

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2 hours ago, willbish said:

Perhaps the pump will accidentally knock the cable out...

 

That would be a terrible shame.

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you could just prop them up in 2 places so they are out of the way for pump+address other problems later?

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I can say that in scotland they cannot string lines over your ground without your permission --- 

Ihave a pylon close to boundary when house was built --then later they wanted to put cables on both sides of pylon

 they had to agree with me that it was ok -cost them £8.5k 30 years ago for that .

I could not  stop them --they would  go to government and get it that way ,if i just refused

 but they have to pay and agree ti with you FIRST

Edited by scottishjohn

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Quick update. Truespeed returned my answerphone message first thing Monday morning, and sent a jnr tech guy for a visit Mon PM. He could see how the cable is impeding my build and said he would raise it to the next management level.

Tues PM, site visit from Snr tech guy who confirmed that the cable will be permanently re-routed with the work scheduled for Thurs.

 

Excellent result considering I was expecting to have to grovel or get legal or threaten to chop the bloody thing down!

 

 

 

 

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Well done, nice to get it sorted without disagreements.

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