Overhead Lines

[Paul608085]

@Starwire 

This is on a row of, (always privately owned), detached and semi-detached houses built in 1980, and I believe is common in this area in estates, (not Council), built much later than that.

How does that affect my question about wayleaves, given that the new duct and cable in my garden service a neighbour as well as my home?

[Starwire]

What was the question?

[Paul608085]

@Starwire 

Please see post #14 in this thread for the details of my question.

[Starwire]

Check the deeds to your house, see if it mentions anything about a Wayleave in there.

If not contact the Openreach Wayleaves Team.

[Paul608085]

@Starwire 

I have lived in this house for 10 years, but this new duct and cable were only installed in March 2020.

I have found the web page for Openreach's Wayleaves Team, but before I contact them I was wondering what, if any, the benefits are to me now, (after the work has been done), of having a wayleave, (assuming one does not currently exist)? Will it confirm any rights or obligations that I might have for example, (such as?), and will there be a cost to me in getting a wayleave sorted out?

I have no intention of selling this house in the foreseeable future, but if I did, could not having a wayleave cause legal problems with the sale?

[Starwire]

The new duct/cable would merely be an upgrade of the existing cable so would be part of the same Wayleave if one exists.

[Paul608085]

@Starwire 

So to clarify, if a wayleave already exists for the original duct tubes that were installed as part of the houses being built in 1980 , (I will have to search through my boxes of paperwork!), this "new" duct and cable installed in 2020 will automatically be covered by it?

If I have got this correct, I'm thinking that a wayleave applies to a property address as opposed to a particular piece of work or infrastructure? ie assuming British Telecom, (in 1980), obtained a wayleave the ducts and cables on my property for supplying other customers in addition to this address, any future work is automatically covered by the original 1980 document without requiring further documentation or amendments?

[Starwire]

Yeah, all they’ve done is simply upgraded what I’m guessing is a D.I.G (Direct in Ground) Cable as it had gone faulty and or was low grade.

If a Wayleave Exists Openreach wouldn’t need to renew/update it just because they upgraded it and the Duct is neither here nor there. It would’ve just been the sensible thing to do because if and when they need to change the cable again the can simply pull a new one into the Duct instead of digging up your garden again.

[Paul608085]

@Starwire 

Thanks for your reply - I think that I understand now.

The "old" cable is in a duct - it is not "Direct in Ground" . This duct carries two cables: standard copper pairs for telephony and coax for the old BT Cable TV system, (Milton Keynes). Direct in Ground cable would have to be armoured wouldn't it? I am certain that it is not.

The old duct and cable runs across the front of the houses, (left to right if looking out of the front room window), eventually going back to a cabinet 650 metres by cable away. This new cable and duct go straight out from the front of my house, (so perpendicular to the old), leading to a cabinet 50 metres directly in front of my house.

Can you just confirm that I have got this right please:

Assuming that a wayleave already exists for the old cable and duct, there was no need for a new wayleave because once British Telecom, (then Openreach), have a wayleave for works/infrastructure at a particular address, that wayleave also covers any future works/infractructure/upgrades at that address in perpetuity?

[Larmanim]

Openreach Limited is a company wholly owned by BT Group plc - yes, it DOES exist. 

I wonder - I have an area of my garden in which I raise a gazebo every summer - dropwire angles are increasingly looking as if at some point they will need to cross the area. Would my use of the gazebo be considered as 'normal use' and be an argument NOT to allow a drop wire over the area?