Telegraph pole breaches Restrictive Covenant with no Wayleave?

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Rigby
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Telegraph pole breaches Restrictive Covenant with no Wayleave?

Post by Rigby » Wed Nov 28, 2018 10:14 am

We have a telegraph pole on our land half way up our drive. We want to extend the property but the lines are quite low down and are in the way. The pole serves three neighbouring properties and used to serve ours, but doesn’t anymore. It would be better for us if the pole was moved approximately 30ft away and set in the pavement same as the rest of the poles in the road. The property was built in 1963 and has a restrictive covenant which states “No pole or other erection to be used in connection with wireless or television installations shall be placed on the bungalow erected or to be erected on the said plot nor shall any such pole or other erection be placed in front of the front line of building”. Openreach have confirmed no Wayleave exists. We wrote to Openreach at the beginning of October and asked them to remove the pole quoting “The Telecommunications Code, Schedule 2, Paragraph 21 of the Telecommunications Act 1984 but have not had a response. Given the Restrictive Covenant exists on the deeds do we have grounds to request removal of the pole without cost? If so what legislation should I quote as I think I quoted old legislation? Thanks in advance for any replies

Collaborate
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Re: Telegraph pole breaches Restrictive Covenant with no Wayleave?

Post by Collaborate » Wed Nov 28, 2018 10:58 am

IIRC they don't need a wayleave. It has been there long enough that you're going to have to offer to stand the cost of relocation if you want to move it. There are a number of other threads about this subject on this site. The search function appears not to be working, but you can do a search via google. I found this one: viewtopic.php?t=20875

mugwump
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Re: Telegraph pole breaches Restrictive Covenant with no Wayleave?

Post by mugwump » Wed Nov 28, 2018 12:30 pm

And to be honest the restrictive covenant doesn't affect it. It is neither wireless nor television.

That covenant seems to point to preventing ham radio and television.

MacadamB53
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Re: Telegraph pole breaches Restrictive Covenant with no Wayleave?

Post by MacadamB53 » Wed Nov 28, 2018 12:53 pm

Collaborate wrote:
Wed Nov 28, 2018 10:58 am
IIRC they don't need a wayleave. It has been there long enough that you're going to have to offer to stand the cost of relocation if you want to move it. There are a number of other threads about this subject on this site. The search function appears not to be working, but you can do a search via google. I found this one: viewtopic.php?t=20875
only if Openreach respond to the notice within the statutory period.

kind regards, Mac

FilthWizzard
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Re: Telegraph pole breaches Restrictive Covenant with no Wayleave?

Post by FilthWizzard » Tue Dec 04, 2018 1:35 pm

mugwump wrote:
Wed Nov 28, 2018 12:30 pm
And to be honest the restrictive covenant doesn't affect it. It is neither wireless nor television.

That covenant seems to point to preventing ham radio and television.
These days, it does carry television. Both BT's television service and countless others. Unfortunately it is the landowner that is bound by the covenant and will have to get rid of it, theoretically for whatever fee is requested. I doubt anyone would enforce that covenant though, and I suspect a court would be understanding about it, but you never know...

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