We own a 1st floor maisonette that has a common path with the ground floor neighbour. The front of the building is owned by the ground floor maisonette.
So for us to get the fibre instaled, the cable has either to pass in the neighbour land ( just soil and weeds) or on the common path.
Openreach had ask the owner of the ground floor that refused access and our request of instalation cancel.
We spoke with the lease holders that confirmed our lease states he must provide access as long as we repair any damage at our cost.
Any light on what we can do here? I'm sure the neighbour will not change his mind. Would Openreach speak with the leaseholders?
It is up to you to get the leaseholders written consent and then speak to neighbour to explain you are permitted to install the fibre as long as you repair ground to as it was before openreach work
Is the existing service, i.e. Copper Line coming up from Underground?
If the person who owns the downstairs flat and point blank refuses a dig the only other thing they might be able to do is put a Pole up outside and go overhead.
Of course they’ll still need access to his land to either tetra ladders to the wall or at least put up Mobile Scaffolding.
If you own your maisonette then you will be a Leaseholder, downstairs is likely to be a leaseholder and the person who owns the building will be the freeholder.
It will be a civil matter and you need to get hold of a copy of the lease for downstairs, that should be held by the freeholder.
If the lease allows you access to their land to run utilities (which broadband is now considered) then it is probably the freeolder that will have to enforce the freehold agreement with downstairs, and then pass costs onto yourselves.
Maybe a chat with the freeholder is needed, and possibly a chat with citizens advice bureau.
It's frustrating that people can be so obstructive when there will be no long term distruption to them, but unfortuantely it is not something that Openreach can progress for you - you'll have to take the necessary steps to exercise your rights before they can install for you.
It would be best if this could be sorted amicably with your neighbour, but if you are not on speaking terms then you may have little option but to seek enforcement through more formal routes.
Maybe they could be persuaded if they realised that any new duct would also benefit their house value by enabling fibre? Maybe even if they ordered fibre at the same time as you to minimise disruption? They may not realise that it could actually be cheaper for them than their current service?