Open reach way leave

[snipe]

Open reach want to put fibre cable across our land following the route of an existing line. But they will have to put an extra pole in and about 25 meters of under ground work. They have been twice to do the work but I have not let them as we would need a new way leave for the new equipment.
half way through negotiations for new way leave get an email from them saying they think that a way leave might already be in place. does this sound like It might be something that can happen. We have had no new poles on our land or signed any way leaves for at least 30 yrs.

 

[Kidds]

If the original agreement says they reserve the right to replace or renew as necessary in the future then yes they can. All depends on the wording of the original agreement. I doubt either of you can find it or prove the other is wrong though.

 

[Tarw Coch]

They say they think a waykeave might already be in place

They don’t sound too sure then, think and might don’t sound too definite.

 

[puppet]

If there is an existing wayleave then you should be getting an annual payment even if the contract is lost somewhere.
A new pole in a new spot is a new wayleave, replacement pole is not. Digging up the ground is not covered by a wayleave for existing poles.

 

[snipe]

If there is an existing wayleave then you should be getting an annual payment even if the contract is lost somewhere.
A new pole in a new spot is a new wayleave, replacement pole is not. Digging up the ground is not covered by a wayleave for existing poles.

That’s exactly how I see it.

 

[bobk]

Ask them for a copy of the wayleave , bet they haven't got one

 

[Exfarmer]

You should have a copy attached to your deeds

 

[Surgery]

Good luck , a shower of shite springs to mind with Openreach , get them to pay for any agent fees before you start looking as they will give you all the bull about they can do this that and the other , our problem was resolved by myself and a hammer the crush the cable , we have a dp point in a building , they put out of an old yard of ours into conversations next door as they entered without our permission and did the job insisting the wayleave gave them the right to do so , the Asian developer told them our yard was his , they never did have a right , broke the cable and to this day never heard any more from them so be very very firm

 

[TheTallGuy]

Simply ask them for documentary evidence to prove their existing rights/wayleave - if they can't produce it then it doesn't exist! If it dose exist, scrutinise it very closely for authenticity and the actual terms.

 

[holwellcourtfarm]

Does a wayleave count if they are paying the wrong owner? We have poles here on our land serving other properties, have owned since 2002 and never received any payment.

 

[MrNoo]

Does a wayleave count if they are paying the wrong owner? We have poles here on our land serving other properties, have owned since 2002 and never received any payment.

You should have, unless a previous owner sold the wayleaves, certainly the elec boards have been trying to offer lump sums to owners and do away with the wayleaves. Trouble being you then have zero rights to get them to remove them. Think my wayleaves total 440 quid a year, even had 25 poles removed from one field and line put underground, still get paid for the poles!!!

 

[Happy]

Ask them for a copy of the wayleave , bet they haven't got one

Highly unlikely that they will do.
BT/Openreach don’t know their arse from their elbow

 

[Courier]

That’s exactly how I see it.

Maybe in line for 30 years of retrospective wayleave payments .....