It is a legal agreement, however, the OP would need to be aware of it to be prosecuted/sued. If they were party to it, that is easy, if it was in place before they purchased the property then the previous owners & solicitors would need to have passed the information to them either as a document or included in/with the deeds.

The OP suggests they are unaware of an agreement which is why I suggested giving the neighbours 14 days and then Virgin 1 week to remove. That would be the quickest way to either get it moved or an original agreement found. If neither ca find it - and have been give chance to do so, then again, any action against the OP would probably fail.

Edited by MHC (Wed 04-Nov-20 09:47:02)

Well 'me load' I was just digging a hole on my land to set my new rose bush and I must have accidentally cut through this cable that should not have been on my land.. case adjourned.

I don't think lack of knowledge of the agreement would allow them to cut the cable and then refuse it to go across the land - the agreement for a way leave I am sure would carry to a new owner whether they are directly aware of it or not. It could also have been installed using code powers without a way leave.

If a new home owner could just decide to cancel a way leave then it would leave the utilities in serious trouble - my guess is under code powers once a way leave is granted it would be very difficult to refuse it.

However, if the way leave is only for services to the neighbour then it would normally be expected there would be a financial payment for it from the provider.

They would just reinstate it where it is, it wouldn't cancel the way leave. If you kept on doing it after the first time then I am sure you would get charged for repairs.

OpenReach FAQs do say

Usually a wayleave is an ongoing agreement without an end date. So it’ll continue to apply to the apparatus it covers, even if the owner of the land or property changes.

If no wayleave is produced by the neighbour or provider when requested - then it would be reasonable to assume there was not one.

I have not suggested cancellation anywhere - just ask for proof tell then neighbours what will happen without proof. Any existing at purchase of the property should have been flagged and if he or his solicitors were not aware, he has a defence against any damage.