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Telegraph poles - new pole on private land


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The overall law is quite simple. If you are not the customer, BT needs a wayleave to use your land. A wayleave is an anual agreement that allows access to install and maintain equipment. There is usually an annual or commuted payment for this.

If you refuse to sign a wayleave then BT can get a court order allowing it to use your land anyway.

If you disagree with the proposed arragements of poles and wires etc. don't speak to the contractor, put it on written notice to whoever sent you the wayleave. If you don't do this, and if there are only unrecorded verbal disagreements, BT could apply for a court order and you will lose any say in the matter. You don't need fancy lawyers or anything, just write that you do not agree to the proposal and would like reassurances about precise positions or, better still, propose an alternative that won't inconvenience you so much.

Felling poles is for vandals, maniacs and idiots. I can only imagine and hope the suggestions of this you have had are not serious. You would probably go immediately from smug self-righteousness to defendant in a prosecution, wayleave or no wayleave.

I had your situation a few years ago, a pole was proposed in (my) road verge right in front of my house where I propsed to build a crossover and driveway. I suggested an alternative position 5 metres to the side and that's what happened. Made absolutely no difference to BT.

When the guy came to remove the old disused pole, he got out a chainsaw with the chain swinging an inch off the bottom of the bar, and set about felling the pole with alarming lack of PPE, or any real expectation of where it was going to land up. On the road was most likely. I popped out, tightened and sharpened his cahin and in the end I felled the pole safely as he manned a pull-rope. Happy outcome. There's some burning in those old poles, plus I got to use the upper undecayed part for a fencepost.

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31 minutes ago, daltontrees said:

The overall law is quite simple. If you are not the customer, BT needs a wayleave to use your land.

 

Thanks Jules, I hope it is that simple. (I've found the government guidance and it does seem to be). https://www.gov.uk/guidance/guidance-on-access-agreements

 

 

But, I don't understand the letter I received and the attitude of the contractors involved. I've received a letter informing me of a pole 'near' me and a blob on the map covering part of my woodland including my access gate. If the pole isn't on my land I don't see why I was sent a letter and if it is on my land I don't know why they've not mentioned wayleave. I have found out it's to serve another property.

 

Anyway, I have emailed back and contacted the council dept in charge of this work saying I do not authorise any poles on my land until I agree a location. I'll see what happens.

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Bt can’t place a pole in your land to service another property with out your consent, if it also serves you they can but will require way leave, felling poles installed without permission is not good but digging it out and putting it to one side is ok

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7 hours ago, daltontrees said:

 

Felling poles is for vandals, maniacs and idiots. I can only imagine and hope the suggestions of this you have had are not serious. 

Reporting for duty sir!

 

If someone trespassed across my land, dug it up and planted their infrastructure (from which I received no benefit) without my consent then I wouldn’t think twice about chopping it down. I’d also pursue them for criminal damage and loss of crop if possible. 

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