Demand for Wayleave for fibre broadband cable installation

Henarar

Member
Livestock Farmer
Location
Somerset
We have had a demand for us to grant a wayleave for fibre broadband cable installation across some fields, first we got a letter asking us to sign with a threat of court action if we didn't now a week later we have another asking for it signed and sent back in 7 days
no mention of any payment for access/disruption/loss off crop or any ongoing wayleave payment
we rang them a told them we wanted a sight visit to show us what exactly what they want to do which they said they would ring back and haven't
I rang NFU callfirst and they said they couldn't go in without a signature and if they tried to take us to court they wouldn't get anywhere based on what they had told us in the letter and to ignore it
To be honest we are not very impressed with this at all it seems they are trying to bully us in to signing and have a good mind to get on to the council as I think they oversee this or our MP

has anyone else had this sort of thing and what have you done about it ?
 

foxbox

Member
Location
West Northants
Speak to an agent; if the letter and intention is genuine the sender will be happy to pay your agent fees. In my experience the agent will be prepared to establish the legitimacy of the demand without charging you as well. I'd be very surprised if there was no compensation due and it's definitely worth professional assistance, especially if they've started off with this aggressive approach.
 

sidjon

Member
Location
EXMOOR
We got 16k for them running a cable on the 33kva line which was already there, about 2k long and nearly as much for the damage they did:mad: 15 years ago , must be worth a fair bit now (y)
 

TheTallGuy

Member
Location
Cambridgeshire
We have had a demand for us to grant a wayleave for fibre broadband cable installation across some fields, first we got a letter asking us to sign with a threat of court action if we didn't now a week later we have another asking for it signed and sent back in 7 days
no mention of any payment for access/disruption/loss off crop or any ongoing wayleave payment
we rang them a told them we wanted a sight visit to show us what exactly what they want to do which they said they would ring back and haven't
I rang NFU callfirst and they said they couldn't go in without a signature and if they tried to take us to court they wouldn't get anywhere based on what they had told us in the letter and to ignore it
To be honest we are not very impressed with this at all it seems they are trying to bully us in to signing and have a good mind to get on to the council as I think they oversee this or our MP

has anyone else had this sort of thing and what have you done about it ?
Telecoms have statutory powers, so they can ultimately ask a court to award them right of entry to install the equipment. Under that situation the utility would need to demonstrate reasonable need & that they had considered alternative routes or options. By negotiating you potentially reduce the burden on the utility & they are more likely to agree to terms that are more favourable to you, whereas on the current code of practice the minimum terms aren't particularly good.
 

Osca

Member
Location
Tayside
It’ll be at a minimum 2 metres but you need to watch them like a hawk to make sure that existing land drains are properly re-instated and then double check in a few years time when settling has finished.

...and make sure it is at the correct depth, too; cable companies seem to be the worst for slipshod installation. There was a cable passing through my garden at one place I rented - admittedly just a branch serving a block of flats - but it was only six inches under the lawn. I was digging out a flowerbed and almost put the spade through it.
 

Henarar

Member
Livestock Farmer
Location
Somerset
It’ll be at a minimum 2 metres but you need to watch them like a hawk to make sure that existing land drains are properly re-instated and then double check in a few years time when settling has finished.
14 inches deep

they also say on the letter that they worked closely with the NFU and CLA which was a lie according to what the NFU said
 

Henarar

Member
Livestock Farmer
Location
Somerset
you mean he would be so greedy he would stop his village getting fibre .thats greed beyond belief
actually they can perfectly well go down the verge for most of it but its about 100m longer run for them, of Corse this is one hell of a lot of money for them when you consider the huge government grants these firms are getting for this job, they are not doing it out of the kindness of their hearts and no doubt will end up far better of from it than I will ever be
 

milkloss

Member
Livestock Farmer
Location
East Sussex
actually they can perfectly well go down the verge for most of it but its about 100m longer run for them, of Corse this is one hell of a lot of money for them when you consider the huge government grants these firms are getting for this job, they are not doing it out of the kindness of their hearts and no doubt will end up far better of from it than I will ever be

Yes, so don’t hold back. Do other posters really think that the broadband company is doing it out of the kindness of its heart? No, business is business, they want to cross your patch then screw them for what they’ve got.

Within reason of course ;)
 

Henarar

Member
Livestock Farmer
Location
Somerset
We got 16k for them running a cable on the 33kva line which was already there, about 2k long and nearly as much for the damage they did:mad: 15 years ago , must be worth a fair bit now (y)
We wouldn't want anything like that and wouldn't be likely to get it
Be nice to get a letter without threats though and if they followed up on a perfectly reasonable phone call as they said they would
 

Kiwi Pete

Member
Livestock Farmer
At 14" depth you MUST NOT be held responsible for ANY damage ...
Absolutely, you can't just wrap it up with tape when you happen to hit it.
I know @Henarar probably isn't the type to suddenly develop a fetish for subsoilers and deep ploughing but I personally would be pretty miffed if they started out with an aggressive letter, and then buried it shallow enough to be hit with something a tractor could pull.
So, in the event that it would disrupt normal farming practices, ie in the top half a metre, then compensation is reasonable IMO.
 

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