broadband cable removal

Any advice or information would be appreciated on getting a neighbours virgin broadband cable running through my garden removed, I'm scared to plant anything in case I cut through the cable. Thank you

Why is it running though your garden? And who gave permission for it to be done.

If there is no right for it to be there, tell the neighbour to have it removed within 14 days or you will do it If nothing happens contact Vigin, give them 7days (email too) and confirm you will cut and remove the cable.

Is this a semi where the cable runs on the boundary, or just where Virgin have decided to place a temporary cable then never returned?

In reply to a post by MHC:

Why is it running though your garden? And who gave permission for it to be done.

If there is no right for it to be there, tell the neighbour to have it removed within 14 days or you will do it If nothing happens contact Vigin, give them 7days (email too) and confirm you will cut and remove the cable.

If it is possible that the cable was laid before the OP took ownership it would be prudent to first ask Virgin if they have a way leave. If there is a way leave then one would hope that the OP would have been informed when he purchased the property.

In reply to a post by QLRKeith:

Any advice or information would be appreciated on getting a neighbours virgin broadband cable running through my garden removed, I'm scared to plant anything in case I cut through the cable. Thank you

Need some background info.

Was it installed before you moved in or after?

Virgin point blank refuse to do any installs around here where the cable needs to cut across a neighbour's garden without getting that permission beforehand.

If it was installed before you bought the property then the chances are they have a wayleave agreement.
If that's the case there's nothing you can do unless Virgin are willing to move the cable (possibly at your expense).

If it was installed while you owned the property without your permission then contact Virgin.

If it's rented accommodation or council/social housing then it would need the landlord to complain but many councils sign bulk agreements allowing this kind of work.

Edited by j0hn83 (Tue 03-Nov-20 12:33:17)

If there is an pre-existing wayleave I expect it would either appear in the deeds as a covenant from when the houses were built, or as an addendum added by a previous owner. Both of those should have been picked up and pointed out by the OP's solicitor pre-contract.

I suppose there is the unlikely possibility Virgin Media have a letter provided by a previous occupant, but that would get messy.

If that was my garden my spade would certainly go through that cable way-leave or no way-leave (it's only low voltage so you would not get any shock's) when they come to get your neighbors broadband working again and find the cable in your garden tell them no way the cable is coming over your land tell them to remove it ASAP.

If you think you might have to become a Virgin customer due to failures with the Openreach based internet, then you might want to use the green tube to get your connection installed.

Is the cable causing you a problem, is it unsightly, if so get Virgin to lay the cable in a non offensive way.

I believe a way leave is a legal agreement and you would quite likely see yourself in court over such action.

Don't like your neighbours then?

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.