Telegraph poles - new pole on private land

[Paul in the woods]

Does anyone know the law around the insertion of new telegraph poles? I.e. if one is to be inserted on private land does the owner of the pole need to seek permission from the owner of the land? This pole is not to supply my property.

 

I ask as I've received a letter informing me of the intention to insert a pole on/near my land. I don't have an objection in principle but I would like to agree where it's sited. Unfortunately the contractors doing the work don't seem competent - I've been given two different types of co-ordinates which don't match and one has the pole being erected right in the middle of a neighbouring house.

 

I'm concerned they'll site the pole too close to a gate as to block access or possibly too close to a tree that needs taking out. I've tried contacting the contractors a few times but they are rude and unhelpful and just ignore the question.

[spuddog0507]

9 minutes ago, Paul in the woods said:

Does anyone know the law around the insertion of new telegraph poles? I.e. if one is to be inserted on private land does the owner of the pole need to seek permission from the owner of the land? This pole is not to supply my property.

 

I ask as I've received a letter informing me of the intention to insert a pole on/near my land. I don't have an objection in principle but I would like to agree where it's sited. Unfortunately the contractors doing the work don't seem competent - I've been given two different types of co-ordinates which don't match and one has the pole being erected right in the middle of a neighbouring house.

 

I'm concerned they'll site the pole too close to a gate as to block access or possibly too close to a tree that needs taking out. I've tried contacting the contractors a few times but they are rude and unhelpful and just ignore the question.

This sounds about right to me from past expieriance, a guy i do a bit of work for has a fishery and they put some up on his land a few years back, they wanted to just put them up in a line across the middle of a field, he asked them why could they not put them up along a near by fence line and he never really got a answer, so he just handed it to his land agent and the poles went along the fence line, and you should get a yearly payment for each pole but i think you should have a say in where it is to be situated, it would be worth talking to a land agent,, 

[eggsarascal]

All I can suggest is, be there when the contractors turn up. I had one in my last garden tucked into the edge so it didn't matter, it needed replacing and the contractors were going to move it 2 meters onto the lawn because it was easier for them.

[Mark J]

Odds are that the surveyor will provide the utility company with the cheapest route.
We had a similar situation when a tenant on the farm I lived on wanted a phone line in their cottage. BT ended up running the line off existing utility poles and digging a trench for the rest. The Old Man who ran the farm wasn't having any of their new route proposals. 

[Deafhead]

If they are not connected with you property, just tell them that you don't want any infrastructure on your land.

[Paul in the woods]

Thanks for the replies.

 

The pole is the result of the roll out of fibre in the area and is being driven by the county council. The problem I'm having is that the contractor is behaving like they have the right to put poles wherever they fancy and I expect the council will take the same approach.

 

I have told them they can't put a pole on my land without my permission but I expect they will just ignore me. Hence asking if anyone actually knows the law.

 

As with most telecoms problems, I will try and catch the people doing the work and sort it out with them but I can't always be around the place.

 

A land agent sounds an expensive option although I might look into this for another patch of land.

[Bob_z_l]

When i worked for BT many years ago. I thought all poles on private land were covered by a wayleave.

Where permission was sought and a payment made (ground rent) for any infrastructure.

I thought this was still the case. 

[Paul in the woods]

That is my understanding, I would assume I should be contacted and a wayleave arranged before the pole is erected if the pole serves another property (which it will do). Now I'm not interested in any payment but would expect to at least be consulted.

 

The contractors don't seem to think this is necessary. (They're not BT Open Reach which may not help).

[Bob_z_l]

18 minutes ago, Paul in the woods said:

That is my understanding, I would assume I should be contacted and a wayleave arranged before the pole is erected if the pole serves another property (which it will do). Now I'm not interested in any payment but would expect to at least be consulted.

 

The contractors don't seem to think this is necessary. (They're not BT Open Reach which may not help).

I hope you sort it. 
If your house insurance has a legal helpline, maybe a call to them. Or citizens advice? 

It's not just the install, but the ongoing maintenance (and access) in fault situations.   Needs to be agreed. 

 

Good luck.

 

[Puffingbilly413]

Worth a read:

 

https://www.ispreview.co.uk/index.php/2021/10/openreach-build-fibre-pole-in-private-garden-without-permission.html

 

Suggests legal wayleave must be in place first.