Are BT responsible for maintaining their lines to be kept clear?

[Mat]

But BT's problem will not be a 'tree cutting problem' it is a 'stringing a new wire thought a load of trees problem'.

 

Read the OP.

 

Its what I did, then I tried the answer his question (how unfashionable am I)..

[Kenty]

My neighbour & myself had a similar scenario a few weeks back where my trees had started to encroach our phone lines causing intermittent service, the engineer came out & re routed to a different pole, no charge to myself or my neighbour.

[skyhuck]

But BT's problem will not be a 'tree cutting problem' it is a 'stringing a new wire thought a load of trees problem'.

 

Read the OP.

 

Its what I did, then I tried the answer his question (how unfashionable am I)..

 

I did

 

He does not have a problem, he thinks BT do and he wonders if it his responsibility to sort it, I don't think it is.

[Mat]

and I agree (unless B.T. ever rock up and request that he has his trees cut back as they are causing a nuisance - which is highly unlikely [if there is a problem, B.T. will just restring the cable]).

[skyhuck]

and I agree (unless B.T. ever rock up and request that he has his trees cut back as they are causing a nuisance - which is highly unlikely [if there is a problem, B.T. will just restring the cable]).

 

As we discussed earlier, they cannot request he cuts them (as with your tree growing over your neighbours land) they can cut them and leave the arisings.

 

You are not responsible for where your trees grow, with the exemption of the highway and footpaths, as far as I'm aware.

[Mat]

As we discussed earlier, they cannot request he cuts them (as with your tree growing over your neighbours land) they can cut them and leave the arisings.

 

You are not responsible for where your trees grow, with the exemption of the highway and footpaths, as far as I'm aware.

 

BUT, as Steve said in the OP, the trees and wires run alongside a road, so I guess they overhang it.

 

This means that BT may, "by notice to the occupier of the land on which the

tree is growing, require the tree to be lopped so as to prevent the

obstruction or interference".

 

(Telecommunications Act 1984)

[David Dobedoe]

I have just removed a tree for a customer who's phone line ran through it, his phone had stopped working and BT would not repair it until the tree was removed. Managed the whole job leaving the wire in place but found sections where the insulation had worn through rubbing against the tree. Prior to doing the job I called BT after the usual battle with robots and Asian call centres that are unable to communicate effectively (BT a communications company and all that) I managed to get a very helpful lady that books the engineers in and out. Had we chosen to remove the line first I was told we would have to request to have it checked first, for this we would be charged £125 ish pounds and would have to wait about 21 days. After this engineers would be arranged to come out and take the line down. Again charged at about £150 and with a wait and then after the job a similar charge to put a new one back up again. She suggested that we would be far better off just doing the work and should we accidentally knock it out just pay to have it put up again which has to happen anyway.

[SteveA]

BUT, as Steve said in the OP, the trees and wires run alongside a road, so I guess they overhang it.

 

This means that BT may, "by notice to the occupier of the land on which the

tree is growing, require the tree to be lopped so as to prevent the

obstruction or interference".

 

(Telecommunications Act 1984)

 

Yes, the trees and BT wire run along a roadside verge, small country lane.

Which bit of the Telecommunications Act 1984 refers to trees? Looks like a very big document! Cheers, Steve

 

Telecommunications Act 1984

[Mat]

Hi Steve, It is a sizable text, and by the look of it it was done on a manual typewriter!

 

 

Page 126 covers tree looping.

 

 

In a nutshell:

 

Page 126 c. 12 Telecommunications Act 1984

 

Sea. 2

 

(3) If the operator contravenes the requirements of this paragraph

he shall be guilty of an offence and liable on summary conviction

to a fine not exceeding level 2 on the standard scale.

(4) In any proceedings for an offence under this paragraph it shall

be a defence for the person charged to prove that he took all reasonable

steps and exercised all due diligence to avoid committing the

offence.

 

 

Tree lopping

 

19.--(1) Where any tree overhangs any street and, in doing so,

either-

(a) obstructs or interferes with the working of any telecommunication

apparatus used for the purposes of the operator's system, or

 

(b) will obstruct or interfere with the working of any telecommunication

apparatus which is about to be installed for those purposes.

 

the operator may by notice to the occupier of the land on which the tree is growing require the tree to be lopped so as to prevent the obstruction or interference.

 

 

(2) If within the period of 28 days beginning with the giving of the notice by the operator, the occupier of the land on which the tree is growing gives! the operator a counter-notice objecting to the lopping of the tree, the notice shall have effect only if confirmed by an order of the court.

 

 

(3) If at any time a notice under sub-paragraph (1) above has not been complied with and either-

 

(a) a period of 28 days beginning with the giving of the notice

has expired without a counter-notice having been given, or

 

(b) an order of the court confirming the notice has come into

force,

 

the operator may himself cause the tree to be lopped as mentioned

in sub-paragraph (1) above.

 

 

(4) Where the operator lops a tree in exercise of the power conferred by sub-paragraph (3) above he shall do so in a husband-like manner and in such a way as to cause the minimum damage to the tree.

 

 

(5) Where-

 

(a) a notice under sub-paragraph (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or

 

(b) the operator exercises the power conferred by sub-paragraph (3) above,

the court shall, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or who has incurred expenses in complying with the notice, order the operator to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.

[SteveA]

Hi Steve, It is a sizable text, and by the look of it it was done on a manual typewriter!

 

 

Page 126 covers tree looping.

 

 

In a nutshell:

 

etc!......[/font][/i][/size]

 

Hey thanks Mat, that's a great help. We'll try speaking with BT in the week, and post the results here. Cheers, Steve

Edited March 30, 2014 by SteveA