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Standard User Ancient_Mariner
(eat-sleep-adslguide) Wed 28-Oct-20 10:24:07
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'My neighbour stopped installation of my fibre broadband..."


[link to this post]
 
Came across https://www.telegraph.co.uk/property/property-doctor... earlier. It may give some help in similar circumstances. It also refers to "The Telecommunications Code gives “operators” (such as Openreach) wide powers over private land."

Cheers!

Clive

Andrews & Arnold Home::1 FTTC DrayTek Vigor 2762ac Cisco SPA112 and HUAWEI E5776 with O2 Data SIM
Standard User witchunt
(experienced) Wed 28-Oct-20 11:23:58
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Re: 'My neighbour stopped installation of my fibre broadband


[re: Ancient_Mariner] [link to this post]
 
Cant read it behind the telegraph paywall
Administrator MrSaffron
(staff) Wed 28-Oct-20 11:29:05
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Re: 'My neighbour stopped installation of my fibre broadband


[re: Ancient_Mariner] [link to this post]
 
https://www.ofcom.org.uk/phones-telecoms-and-interne...

The official rather than a publications interpretation

The powers relate mainly to public land on private land it says

"in the event that agreement cannot be reached with the owner or occupier of private land, the Code allows an operator to apply to the Court to impose an agreement which confers the Code right being sought or for the Code right to bind the landowner or occupier; and"

Agreement can involve money being paid sometimes. The court process was long and complex but there are changes underway (don't think they are complete yet) that are meant to simplify this.

The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.


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Standard User Ancient_Mariner
(eat-sleep-adslguide) Wed 28-Oct-20 12:15:02
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Re: 'My neighbour stopped installation of my fibre broadband


[re: witchunt] [link to this post]
 
Sorry witchunt, I had forgotten that my link could be behind a paywall.

Cheers!

Clive

Andrews & Arnold Home::1 FTTC DrayTek Vigor 2762ac Cisco SPA112 and HUAWEI E5776 with O2 Data SIM
Standard User Ancient_Mariner
(eat-sleep-adslguide) Wed 28-Oct-20 12:15:13
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Re: 'My neighbour stopped installation of my fibre broadband


[re: MrSaffron] [link to this post]
 
Thanks Andrew for the OFCOM link. From experiences of a friend of mine trying to have an existing electricity cable replaced under a 'ransom strip' of about 1 metre wide to get to his house, there certainly needs some changes to legislation.

Cheers!

Clive

Andrews & Arnold Home::1 FTTC DrayTek Vigor 2762ac Cisco SPA112 and HUAWEI E5776 with O2 Data SIM
Standard User Mitchy_mitch
(experienced) Wed 28-Oct-20 13:05:12
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Re: 'My neighbour stopped installation of my fibre broadband


[re: Ancient_Mariner] [link to this post]
 
HEre's the original archived story.

https://web.archive.org/web/20201026235012/https://w...

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Administrator MrSaffron
(staff) Wed 28-Oct-20 13:35:04
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Re: 'My neighbour stopped installation of my fibre broadband


[re: Mitchy_mitch] [link to this post]
 
Disagree with the simple answer from the 'head of property litigation'

Code powers do not give Openreach carte blanche, there will have been a way leave in place for the previous poles, and going underground ducted or direct buried is not likely to be covered by that way leave agreement.

What will usually happen is an enquiry to change and if all parties happy then wayleave updated. Falls apart when private land owner asks for compensation and both parties disagree on the amount, at which point the eventual resolution is via a court (this is a lengthy process and is being simplified to reduce costs i.e. lawyers fees)

Getting compensation is normal. Mobile masts on a roof used to be a good income stream for building owners, but believe an agreement has been reached to cut this back to a flat rate of £5,000 recently.

The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
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