Overhead Lines

[XYZ2]

Looking for some advice, there is an overhead telephone line that runs over my property boundary from a kerb side pole to another pole in an adjacent field and onwards to other properties. It runs up the side of my house through the branches of a large mature tree which sits in my garden. The telephone line to our house is run as a single separate line from the same kerbside pole to the side of our house, through the branches of the same tree. We are Sky broadband/phone customers and not BT.

The tree is quite old and will at sometime probably damage both lines by either a branch coming off, abrasion of the lines or by falling down completely, my questions are around liability and avoiding potential issues.

Do I just wait until either of the lines are damaged, then let BT fix them? Would I be liable for any of the costs?  

Should I pre-emptively warn BT of the possible hazard?

Would BT remove/prune the tree pre-emptively ?(I don’t mind, it’s old, ugly, a bit close to the house and I could do with the firewood!)

If they did remove it, would I have to contribute to the cost?

Do I need to involve to SKY?

Thanks in advance

[Keith_Beddoe]

@XYZ2 

This has nothing to do with BT Retail. Its Openreach that provide and maintain the external network and you cannot contact them yourself unless there is a health and safety issue.

You will need to wait until there is a fault, and then let Sky deal with Openreach.

If you own the tree, and it damages the line, then you could be liable for the cost, and asked to remove any obstructions.

[XYZ2]

I don’t like the sound of “could be liable”! how do I find out if I am liable or not? And if so for both lines even though one has nothing to do with me? I’m not aware of any wayleave agreement for the large line running over my property so I doubt I could be held liable if there is nothing to say I have to maintain the wayleave.

This is why I thought it might be good to contact BT openreach in advance of a problem and let their maintenance team deal with it. It can’t be an uncommon problem. Mind you, would it cost more to remove the tree before there was an issue or wait until it falls overs and pay to repair the line and get the tree felling for free?

For the single line to my house, you are probably right just to wait and contact SKY if there is an issue.

Thanks in advance

[Keith_Beddoe]

@XYZ2 

Sorry, BT Openreach does not exists, its a common error that the press and public make. Openreach is now a totally separate company and serves all providers.

If the tree is on your land, and it damages the Openreach network, then you would be expected to make sure there is no obstruction.

You need to raise the issue via Sky when you have a fault, and then take it from there.

Here is a guide which applies to BT Retail customers, and probably other providers.

https://www.bt.com/help/landline/getting-set-up/costs-and-charges/engineer-home-improvement-service-...

[Starwire · Accepted solution]

BT, Openreach and or any other Utility Provider be it Telecoms or Power don’t need a Wayleave to span Cables over your property as the Low Flying Wires Act allows to to put wires over the boundary of your property as long as;

1. We don’t need to enter your property to do it.

2. The wires are 3m or more above ground level.

3. They don’t interfere with normal business at the property.

Ref to charges for any Damage to said cabling. If one the cables for a neighbouring property became damaged as a result of the tree neither your neighbour or yourself would be liable for a charge.

Regarding Tree Cutting, Openreach will not cut trees on Private Land. They seldom arrange to have them cut on Public Land anymore either as they now have a new method, which I’m not yet familiar with where they can now more easily run new Cable Spans through trees.

[XYZ2]

Thanks Starwire, that’s excellent information, sounds like I don’t have to worry about any costs to the large line that passes over my property and there is no point in pre-emptively contacting Openreach. If I wanted the tree cut down as it might be a threat to the house, I would have to pay some tree surgeons to do it carefully and probably check they are properly insured before they start in case they damage the line. That’s a bit of a pity as I was hoping I might get Openreach to fell the tree for free! Never mind just wishful thinking.

I only have to worry about the line that comes into my house and if that is ever damaged, then I would contact Sky who contact Openreach (sounds fun!) and they fix it at my expense. So a bit of careful pruning might be advisable.

[Paul608085]

@Keith_Beddoewrote: "BT Openreach does not exists, its a common error that the press and public make."

And also scam telephone callers in my experience!

I always make a point of pointing out their error to them, before proceeding to waste as much of their time as possible. 😀

[Paul608085]

@Starwire 

On the subject of wayleaves, about 18 months ago Openreach moved our line to a different cabinet which involved digging a trench in our front garden to bury a duct for the new cable.

My wife was asked to sign a form before this work was done. Would this have just been a consent to dig up the garden at the time, or a wayleave? If the latter, should we have been given a copy of it for our records and to pass on if we ever sold this house?

[Devon_Dave]

It would be a permission to dig m

[Paul608085]

@Devon_Dave 

Thanks.

I don't see a "Mark as accepted solution" button  -where should it be? (I am logged in to the forums).