After receiving a Wayleave letter from Virgin Media out of the blue and neighbours not having the decency to discuss with me first, I denied access and did not sign the Wayleave.

I just returned home to find one of their contracted engineers on my property, who had lifted drain covers and laid cables in the drain along the length of my property.

I'm really annoyed that they would just walk onto my property and install cables without permission. What are my options please? Any advice welcome

Is it a wayleave or a statutory or necessary wayleave?

Did you specifically deny access on the form & return, or just did not return the form?

They asked me to sign an access agreement which I did not sign. I emailed them the following.

"With regard to your recent letter…undated. As owner of this property, I do not wish to have cables or ducting running over or under my property and will not grant permission for such an undertaking.

Please do not contact me further regarding this matter"

In essence they needed permission to be on my property which I denied.

That doesn't answer the question.

But I sounds like its not a stat wayleave.

Write to them, not email, registered saying they have 14 days to remove the cable or you will commence legal proceedings. Put a big red title at the top.. Letter before action.

However I do advise for you not to remove or dig up the cable yourself or "accidentally" cut it with a spade. This could lead to a prosecution

You can ask them to compensate you for the trespass and to remove the offending cabling. You can issue a court claim to achieve this if they refuse.

What I’m unsure of is if you are entitled to “self-help” and if you can just remove the cabling yourself (making it clear they can come and collect their cable).

It wouldn’t be theft if you weren’t intending to keep the cable, but you might want to be sure it isn’t criminal damage to do so.

Did you specifically deny access on the form & return, or just did not return the form?

I did not return the form as it was an online signature required, which I obviously did not sign. The email to them was just out of courtesy and they replied asking which house the installation was at.

Bazza I think the going rate is 2p/mtr

Will a court enforce the trespass and give damages rather than mandate the removal of the cabling?

Is there applicable judicial guidance claimants can respectfully draw to the court’s attention or is it the “judicial lottery” (dependant on the judge, on the day)

the property might be yours but the underground drain is not esp if it serves other properties

the water company would have given perm for them to lay their cables in them ?

so don't go removing them

It's not an underground drain. It's a surface drain covered with grating which was put in by the previous owner. Nothing to do with the water company.

really, that's a bit silly of them then.

Yes and it's about 18" from the front of my house...my patio and drive extend about 25' further...so they've come right onto my property.

Letter before action.

Follow the advice above. Only sent the letter advised if you are fully willing to go through full court action. They recieve hundreds of threats of legal action, very few ever go to court, so they will call your bluff.

Thanks for the advice.

On the basis of what you say, you have an excellent chance of success.

Is the trespass merely that they came onto your property to let the cable – or is the cable itself trespassing on your property as well?

If the cable itself is trespassing then that means that not only was there a trespass in order to install it but there is a continuing trespass and in terms of damages that becomes more interesting.

Trespass damages would be awarded under two heads. Firstly to compensate for any damage/losses. Secondly to remedy the insult of the trespass.

I haven't heard you talk about any damage so far so I would expect that this head of loss would be quite minimal. Maybe even a nominal £1. The second head of damage is far more interesting and you need to think carefully about what you are going to ask.

In any event, you shouldn't bring a legal action unless you know what it is you are asking for and you can justify it.

Maybe you can tell us a bit more about the trespass and maybe put up some pictures in PDF format please

cable is trespassing.

Your problem is that the judge may decide on a sum to compensate you for this and the cable stays.

You will have to consider what alternatives Virgin have in the routing of their cable.

If it is a straightforward digging up the pavement then yes, they will be expected to remove the offending wirework and place it where they have statutory permission.

If there is no real alternative then you will be given a cheque as quantum for the damages.

Best I could do I'm afraid. I hope the pics are self explanatory, if not just ask.thanks

...

vm pics2.pdf

Thread tidied

your pictures dont really show where the cable ends up and certainly give no indication of any alternative route. We take it as read that it is going from a public highway at the front of your property but where does it end up. Are those other houses behind yours that have access over the driveway for example.

No.3 shows where the cable begins from under next door's property. The trunking for that was installed many years before I moved into the property. It then goes along the drain over my driveway to the garden next door pic no.3. I'm not concerned about an alternative route as long as it isn't over my property. The tarmaced piece at the end of my patio and drive is communal and owned by all three houses, mine included.

One thing you need to decide here is what you want the end result to be, If it is complete removal of the cable from your property then think how that is going to impact on your neighbour

How well do you get on with your neighbour, If you get on with them and have a good relationship with them, That could all change once their services have been stopped because you objected to their service crossing your boundary

Years ago i had neighbours that we didn't get on with and its not pleasant, I really like having good neigbours that all get along now

If my neighbours needed a cable crossing under my property to get a service, I would do it without hesitation

I did get on with the them fine,

but the fact they didn't even ask if it was ok and discuss it with me says it all really.

why should I give a damn about what they want?

May sound a bit harsh..

.but I think it's downright rude what they have done.

I intend having the cable removed.

They had TV and telephone before this installation..

.it just wasn't with Virgin Media.

What riles me the most is some big corporate thinking they can just do what they want on a property they don't even own.

I own my home outright and worked hard to pay for it...Virgin Media didn't.

You get on with them fine now but what about the future?