BT Telegraph pole in garden

[Inspector71]

Hi All

 

My parents have a BT telegraph pole in their back garden. It was there when they bought the place in the early 80s and may have been there since the original build in the 50s. Apart from being a bit of an eyesore it hasn't caused any real problems. Now they have received a letter informing them the pole has been recorded as faulty and in an unsafe condition and will be renewed 'in or close to it's current location' within 6 weeks.

 

The unsafe condition part has me slightly puzzled. Only my parents or their neighbours can get close enough to this pole to note any deterioration and neither has contacted anyone about the pole. It appears as solid as it ever did and does not even seem to wobble in high winds. The cynic in me suspects it may have something to do with upgrading to fibre for BT infinity.

 

I'm concerned as it's difficult to see how they will achieve this without causing substantial damage. The pole sits on the boundary between my parents house and the neighbours so it will likely affect them too. I'm planning to speak to them and show them the letter as I don't want them to think that my parents have instigated this.

 

Obviously we would prefer the new pole to be sited elsewhere. I know they're not keen to move these things normally but as they've stated this one needs replaced anyway perhaps that will help. It wouldn't need to move far to be beyond the property line.

 

My parents aren't aware of a wayleave on the property. About 20 years ago they were having some work done on the house and contacted BT to remove a large bracket attached to the rear wall which they did without complaint and without attempting to charge for the work.

 

I'm planning to photograph the garden extensively to show it's condition prior to work commencing. I would be very grateful for any advice as to what our rights are. We are in Glasgow in case Scots law applys differently to situations like this.

[Old Cogger]

do they pay a site fee per year i.e. BT?

[Inspector71]

My parents don't receive any payments.

[Old Cogger]

believe years ago there was a small remuneration from BT? wonder if others can remember

[ThedaBara]

I have THREE poles in my small garden!! One was leaning over and liable to fall, so they put another pole up (two feet away from the damaged one) and connected the wires but left the damaged pole in situ...gaaahhh!!! And no… I have never received a penny over the last 15 years...

[ThedaBara]

I think they are supposed to pay a 'Wayleave'… but the previous landowners may have accepted a one off payment, so new owners don't get anything...

[Old Cogger]

There should be a Wayleave agreement, and you should have been receiving annual payments (a token £30 or so!). depends what is in the deeds it seems!

[Old Cogger]

If your pole serves others you are entitled to a one-off wayleave payment of £150, or if you refuse to sign a wayleave agreement, then you can ask Openreach to move their pole.

 

From Openreach's web site:

 

In cases where BT apparatus was installed in private land and no challenge was made by the landowner, at that time, as to the tenure of that apparatus and no subsequent challenge has been made up to the point of the current enquiry, the BT apparatus is deemed to be legally installed up to the point where we are advised that the land in which it is placed is private property. When we are subsequently advised of the status of the land then BT will seek to remedy the situation to ensure we comply with The Telecommunications Code, Schedule 2, Paragraph 2 of the Telecommunications Act 1984, as amended by the Communications Act 2003 (The Code) by way of applying to enter into a Wayleave agreement with the landowner. If the landowner does not wish to enter into a Wayleave agreement with BT to retain the apparatus in situ then it will be necessary to formally notice BT under Paragraph 21 of the above mentioned Code.

 

In my own case, it took 6 months to get any acknowledgement of my many attempted communications with them, so you have done well so far!

 

I eventually sent them a notice, as above, giving 28 days for the removal of their equipment and sent it recorded delivery, which brought a surveyor here within the week. We agreed a place for the pole to go, but that was in May, and so far there is still nothing in writing

[Old Cogger]

just a bit of info from another peep on another forum - out of interest!

[dx100uk]

ah Scotland too like me eh..

 

 

I had one like that

it was an aerial survey that was done and they thenchecked the lines and found the box uptop was faulty too.

like you it was just inside my line

 

 

they moved the pole outside the line and we got a new tellingbone line out of it too.

 

 

all I did was had a word with the guy on the truck that came with the new pole.

 

 

they put it where I recommended and was happy with

all has been ok.

 

 

they need access with the flatbed truck with the hi-ab thingy on it

once they can get to it and pull it out

its a quick jobbie

 

 

hope this helps

[unclebulgaria67]

There should be a Wayleave agreement, and you should have been receiving annual payments (a token £30 or so!). depends what is in the deeds it seems!

 

I wonder why it needs to be sited in a private garden. I have seen properties which have been developed in the back of what was another houses garden and a telegraph pole has been put up in a garden, but it can't be that usual. Normally there is footpath or road side verge where the poll can be sited.

 

I think i would do a quick survey of the area to see where other telegraph poles are sited and see what scope there is for the pole to be put elsewhere. Then see if you can work with BT to get the pole moved. The problem will be that it is easier for BT to replace the pole where it is, rather than go through local authority controls if they found public land to site it. I know that in my deeds it mentions utility services crossing my land and it gives permission for the utility companies to access the land to carry out any necessary works.

[Inspector71]

I think the pole must have been placed before the surrounding houses were built. It's a mid-terrace and the land behind the back garden used to be woodland. Most of the trees have been cut down now and it can only be described as wasteland at this point. I can't see how they'll get the machinery in as there is no chance of a road going vehicle approaching the property from the rear.

[obiter dictum]

Just spoken to a friend of mine who is an OpenReach engineer

 

It is now OpenReach who pay rent to the owner of the deeds to the property if any of their equipment is on their land.

 

The same goes to mobile phone repeater stations on top of pub roofs etc

 

As stated, telegraph Poles on the highway have to go through Local Authority Planning applications as they are classed as "Street Furniture"

[unclebulgaria67]

I think the pole must have been placed before the surrounding houses were built. It's a mid-terrace and the land behind the back garden used to be woodland. Most of the trees have been cut down now and it can only be described as wasteland at this point. I can't see how they'll get the machinery in as there is no chance of a road going vehicle approaching the property from the rear.

 

Just make sure there are no plans to build on the wasteland. Perhaps the BT work partly relates to new buildings.