I hope everyone can read this with an open mind (much of the advice I have received has been very unhelpful when you mention the word OpenReach) I am struggling to move forward with an issue to have a telephone pole removed *please stay with me people*
We have an existing pole on our land, which does not provide any service to our home and also has no wayleave in place. Secondary to this, it is precariously leaning so isn't that safe where it stands
We have been through all the necessary checks on wayleave with OpenReach and subsequently issued a code notice to OpenReach for it to be resituated. As entirely expected they came back with a counter notice which they enforce their rights to have it on our land. However my issue is with the the final paragraph of the letter.
Most people will jump straight to the statutory rights defence and "They can put a pole where they like" angle, but I would like to think there is at least someway in moving this forward. We would like to enter into negotiations with them to come to some sort of agreement."I can see from our records the pole in question was installed in 1952. At the time the pole would have been installed in response to an order for provisions of telephony service. A wayleave is unlikely to have been signed as when the pole was installed it was to provide service for Sundown and/or others. However had the landowners at the time requested wayleave we would have happily entered negotiations but there is no record one was requested. The pole would also have a notice on it originally to allow for objections. to the best of our knowledge no objections have even been received prior to this one"
In all honesty we are aware that removing the pole from our land is ridiculous and unlikely, which to be truthful we would happily settle with having it repositioned on our land in a more structurally sound spot. (Please note we would ideally want it moved within a 3 meter radius of where it already is situated so the cables running from it would barely be affected.)
Our main gripe is the pole provides no service to us and is on our land without written wayleave. Access to our property has changed over the years which would require them to seek permission from us to gain access should they need to service the pole. If we were to dig our heels in (if the time ever came) and we say no, with no wayleave in place they would need to exercise their rights legally to gain accesses to the pole... Surely having the wayleave in place now would be more beneficial?
We are really looking for sound legal advice on this matter whether we can move forward... I can't believe the law is entirely on their side, else why would the telecommunications act be enforced and wayleave be needed in the first place?
Are we completely wasting our time? Are there any lovely litigation solicitors out there that would want to work with us. We aren't ready to roll over and admit defeat and think pursuing this legally might hopeful get us some results!