Demand for Wayleave for fibre broadband cable installation

[J 1177]

rubbish to them. Your not a charity and iv got a fair bet they they arent doing the instalation for nowt.
If they came with a reasonable letter id say be fair but with a threatening letter like that sod them. Get a good agent to jump up and down on them.

 

[Banana Bar]

Was it B4RN? They want to cross some of our land, no mention of repairing damaged drains or rabbit fences, absolutely no compensation for crop damage and definitely no wayleave payment. Think they can swivel!

BB

 

[Henarar]

Was it B4RN? They want to cross some of our land, no mention of repairing damaged drains or rabbit fences, absolutely no compensation for crop damage and definitely no wayleave payment. Think they can swivel!

BB

No its gigaclear
Been on to an agent and the NFU
can I ask if you are an NFU member PM if you like you may be able to help

 

[Danllan]

Report these idiots to OFCOM, they are at best being disingenuous, at worst dishonest. I've not come across such a case but, if they are dishonestly gaining control of part of your land (i.e. a trench in real property) they could be 'Obtaining by Deception' s15 Theft Act 1968.

 

[J 1177]

I just googled 'giggaclear farm land' and the first post that popped up was on money saving expert. The experience of the op on there sounds very familiar

 

[Henarar]

Report these idiots to OFCOM, they are at best being disingenuous, at worst dishonest. I've not come across such a case but, if they are dishonestly gaining control of part of your land (i.e. a trench in real property) they could be 'Obtaining by Deception' s15 Theft Act 1968.

"apparently" they got new powers in jan to bring this sort of thing in line with water and electricity as essential services

In a way I am glad to here from @Banana Bar that we are not the only ones to have been treated like this and it seems that its par for the course for this sort of company

 

[joe soapy]

Need to think ahead too, some of the old electric wayleaves allow you to ask for them to be moved
at some point in future. Be a pain if a housing developement was stopped because of a cable

 

[Pheasant Surprise]

Report these idiots to OFCOM, they are at best being disingenuous, at worst dishonest. I've not come across such a case but, if they are dishonestly gaining control of part of your land (i.e. a trench in real property) they could be 'Obtaining by Deception' s15 Theft Act 1968.

The latest changes to the Electronic Communications Code, updated as of December 2017:

https://www.ofcom.org.uk/__data/assets/pdf_file/0025/108790/ECC-Code-of-Practice.pdf

 

[Henarar]

Need to think ahead too, some of the old electric wayleaves allow you to ask for them to be moved
at some point in future. Be a pain if a housing developement was stopped because of a cable

to be fair there is a clause that by my untrained eye means that they would have to move it if that happened

 

[farmerclare]

https://thefarmingforum.co.uk/index.php?threads/wayleave-agreements-with-broadband-providers.187158/

Just seen this thread

 

[Danllan]

"apparently" they got new powers in jan to bring this sort of thing in line with water and electricity as essential services

In a way I am glad to here from @Banana Bar that we are not the only ones to have been treated like this and it seems that its par for the course for this sort of company

Land Law is not my field, but unless the new 'powers' differ very greatly from the previous ones, this firm is really overstepping the mark and straying toward, possibly entering, illegality.

The latest changes to the Electronic Communications Code, updated as of December 2017:

https://www.ofcom.org.uk/__data/assets/pdf_file/0025/108790/ECC-Code-of-Practice.pdf

Can't see anything in there that leaves the door open for what they are trying.

 

[Courier]

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.

My memory was somewhat wrong on the depth but I have dug this information up from when we had to locate the ducted FO cable so that we could lay an 11,000 volt HV cable (3 x 95mm2 ) and a earthing with underground spikes every 6 metres below the bottom of the trench.at a minimum of 1.2 metres at right angles - The FO was definitely more that 1.2 metres deep because we had to physically locate it before we could run the HV cable over it, there was marker tape about 300mm above the ducting which helped.


And despite being able to see a manhole access to this FO cable from the kitchen window we absolutely cannot get a connection to it - Last quote was £23k even though we are supposed to be in a "Superfast" area (we are 2 + miles from the cabinet)

 

[Exfarmer]

all the utilities are complete t****s to deal with when it comes to crossing land
I would demand that it was laid 1.5 metres minimum depth in trunking with a provision that it will be removed in any future event of planning permission being granted. all drainage must be fully replaced across the site of the trenching. For this I would ask for a free fibre connection to the fibre network.
Get a good agent on your side ,they will have to pay for his services.

 

[Pasty]

I think this is agent territory. My old man got an offer of £1k to surrender shooting rights on a proposed solar farm to £30k with an agent. Sometimes they know what they are doing.

 

[Henarar]

I think this is agent territory. My old man got an offer of £1k to surrender shooting rights on a proposed solar farm to £30k with an agent. Sometimes they know what they are doing.

yes I have spoken to one

 

[Alicecow]

Why not just make them run it along the road verge? No wayleave, planning restrictions, etc for you; easier access for them cos it's right next to the road! You said it was only about 100m further for them, so why are they trying this on?

 

[Henarar]

Why not just make them run it along the road verge? No wayleave, planning restrictions, etc for you; easier access for them cos it's right next to the road! You said it was only about 100m further for them, so why are they trying this on?

No idea. this is the sort of thing we wanted to talk to them about

 

[Philip Watkins]

Why not just make them run it along the road verge? No wayleave, planning restrictions, etc for you; easier access for them cos it's right next to the road! You said it was only about 100m further for them, so why are they trying this on?

A lot more hassle for them to go up the road. Road closure permits need getting, no restrictions going across some farmer's back yard.

 

[Henarar]

A lot more hassle for them to go up the road. Road closure permits need getting, no restrictions going across some farmer's back yard.

I woulnt think they would have to close the road to dig down the verge with a mini digger this is a 20 car a day road

 

[Philip Watkins]

I woulnt think they would have to close the road to dig down the verge with a mini digger this is a 20 car a day road

Maybe not but traffic management would still be necessary, they would have to do it by the book with the required paperwork in place.