Virgin Media laid cable across my front garden without having my permission. Advice needed please.

41
Found 1st Apr 2017
As a follow up to my original post here: http://www.hotukdeals.com/tag/ask/virgin-wayleave-allowing-access-property-does-anyone-have-any-advice-please-2621649

Yesterday Virgin Media routed their cable across my front garden to go to a neighbours house. They are fully aware that they did not have my permission to lay the cable within the boundaries of my property (I have refused to sign their Wayleaves form as I did not agree to their T&C's) and I have been waiting 4 weeks for a call back from a manager to discuss it further. My neighbour asked them if they had permission and they said it had all been sorted! Any advice please?

41 Comments

Original Poster

As a follow up to my original post here: http://www.hotukdeals.com/tag/ask/virgin-wayleave-allowing-access-property-does-anyone-have-any-advice-please-2621649

Yesterday Virgin Media routed their cable across my front garden to go to a neighbours house. They are fully aware that they did not have my permission to lay the cable within the boundaries of my property (I have refused to sign their Wayleaves form as I did not agree to their T&C's) and I have been waiting 4 weeks for a call back from a manager to discuss it further. My neighbour asked them if they had permission and they said it had all been sorted! Any advice please?

Edited by: "robertr" 1st Apr 2017

Dig it up !!!

Have they read and accepted your t&cs, especially the bit about rent?

A) Dig it up and cut it. This will annoy Virgin and most likely your neighbour too.

B) if it can't be seen then leave it as it is, keep calm and move on with your life.

I'd give them hell and try for a big discount on a 300mbit connnection myself

I would avoid material damage to the cable. Even though they installed it without permission, the communications act means telecommunications are protected by law so you may find yourself in hot water.

Likewise, I wouldn't just let them do what they want. I would therefore suggest sending a recorded letter to their management (you could probably find this on Google) stating that they had no agreeement to lay the cable and they have 14 days to remove it before you take legal action. Then, unfortunately, I think you'll need to take them to court, hopefully your home insurance has legal advice/cover included?

Send them a rent invoice every month, I suggest £100.
Edited by: "4TheMenyNotTheFew" 1st Apr 2017

Original Poster

FamGuy

B) if it can't be seen then leave it as it is, keep calm and move on with … B) if it can't be seen then leave it as it is, keep calm and move on with your life.



Not as easy as that, their Wayleaves T&C's (which they are aware I have not signed) gives them 24 hour access to my property, but if I want to do any 'work' in the vicinity of where the cable lies I have to give them 6 months notice.

they have no right to enter your front garden without your permission the wayleave form did it have a time limit if you don’t reply within say 14 days have they caused damage to your front garden tell them to remove it or you will .This could be trespass may be also be criminal damage.

robertr

Not as easy as that, their Wayleaves T&C's (which they are aware I have … Not as easy as that, their Wayleaves T&C's (which they are aware I have not signed) gives them 24 hour access to my property, but if I want to do any 'work' in the vicinity of where the cable lies I have to give them 6 months notice.



Obviously. In the extremely unlikely event that there is an issue solely with the section of cable on your property it would need to be replaced. Everything else is either in the street or attached to your neighbour's building.

Just be happy that you will have the added option of considering Virgin Media for your viewing/internet/calls. There's no need to blow it out of proportion as if you're giving them deeds to your house.

Original Poster

jeff55

they have no right to enter your front garden without your permission the … they have no right to enter your front garden without your permission the wayleave form did it have a time limit if you don’t reply within say 14 days have they caused damage to your front garden tell them to remove it or you will .This could be trespass may be also be criminal damage.



No time limit on wayleave form, they came around twice trying to get me to sign it and then she spoke to her manager on the phone and said that her manager would call me direct. That was 4 weeks ago and no call received/missed.
Edited by: "robertr" 1st Apr 2017

Original Poster

FamGuy

There's no need to blow it out of proportion as if you're giving them … There's no need to blow it out of proportion as if you're giving them deeds to your house.



Blowing it out of proportion? Glad you feel that it is so trivial!

Was there ANY way it could have been laid avoiding your property? My grandma had to have a water pipe laid across her land as there was no other way it could be routed and she had no say in the matter..........14 years later she realised she had paid for water to the three adjoining properties and not one of them ever said anything!!!

Original Poster

Keith9534

Was there ANY way it could have been laid avoiding your property? My … Was there ANY way it could have been laid avoiding your property? My grandma had to have a water pipe laid across her land as there was no other way it could be routed and she had no say in the matter..........14 years later she realised she had paid for water to the three adjoining properties and not one of them ever said anything!!!



Yes, they could have gone down the equally shared private (dead end) driveway that serves the 3 properties to the side of my house, but that would have meant getting 3 lots of permission (as only the neighbour at the far end wanted them) plus digging up the tarmac would be a lot more expensive and time consuming job. I asked them to choose that route when they were trying to get me to sign the wayleave but they said the easy/cheapest route for them was through my front garden.
Edited by: "robertr" 1st Apr 2017

Cut it by mistake

Original Poster

Update: Virgin Media just knocked the door 'apologised' that it was done without my permission (so they obviously knew when they did it yesterday as the power of HUKD surely isn't that quick!) they have said they will remove it (leaving our neighbour without a service) or I can sign retrospective wayleave as a 'favour' to my neighbour. He is going to get his manager to call me to discuss further.

Phone a solicitor.

I have no idea why you made this post.

Original Poster

Westwoodo

Phone a solicitor.I have no idea why you made this post.



The same as anyone else makes an 'ask' post, to see if anyone has been in a similar situation and/or for advice.

How well do you get on with your neighbour? Tough one now it's already there but on principle I'd be getting them to remove it.

robertr

Update: Virgin Media just knocked the door 'apologised' that it was done … Update: Virgin Media just knocked the door 'apologised' that it was done without my permission (so they obviously knew when they did it yesterday as the power of HUKD surely isn't that quick!) they have said they will remove it (leaving our neighbour without a service) or I can sign retrospective wayleave as a 'favour' to my neighbour. He is going to get his manager to call me to discuss further.



​Get them to remove it. Retrospective wayleave will leave you with less negotational power. Get them to remove it, then re-discuss wayleave. They should hopefully think twice before trying it on with you and they will then be forced to look at your reservations.

robertr

The same as anyone else makes an 'ask' post, to see if anyone has been in … The same as anyone else makes an 'ask' post, to see if anyone has been in a similar situation and/or for advice.


I stick to my first post, I would also do it before you speak to the manager as virgin will try and screw you any way they can, this is coming from a customer of theirs as well.

Original Poster

Thanks for everyone's input, I'm going to wait for the call and see what happens.

Would it be the end of the world to grant permission.. Can you not make them fully restore your garden, or even improve it?

Do you get on with your neighbour?

I can understand on principle I'd be furious if they had done it against my will. But after it's been done then I may calm down and decide that what's done is done.. as long as my garden is the same or better and the cable does not affect any future plans for my garden then I'd be okay with that.

Anyone who signs these would be best advised to consult a solicitor who understands the Telecommunications Act (lots don't as it is a specialist field). You will definitely want to make sure in the future you are not required to work around them if you want alterations to your home or garden. You should also be aware that whatever termination date is said it probably means nothing at all as I believe the Act gives them absolute security.

All that said it could be mutually beneficial and the least they should offer is to pay your legal costs.

Anyone just saying sign it & leave it has no idea of the rights this then leaves Virgin with, imagine if in the future you wanted to build an extension there and YOU then have to pay them to move the cable.

Fact is these cowboys have broken the law by behaving in this fashion.

If it were me I'd explain to the neighbour what the problem is, I'd let them leave it there whilst negotiations are underway but if they refuse to budge then tell them to rip it out

IANAL. Leaving it there is not a favour to your neighbour, it is a favour to Virgin. What favour do they intend to do in return?

One option would be to meet them halfway; the cable can stay until they replace it or until X days have passed.

cut and remove it in boundaries, build a fence around entrance

write and tell them all presumed access rights to your property are withdrawn and any future boundary entries will be treated as harrassment and criminal trespass.


or charge them £1000 for the hassle and trespass+ £100 per year on a 5 year renewable lease and you have 10 days to given notice if you want to move it, they must give 6 months notice of any future work they want to do

I had similar with openreach, they left it lying on the ground across my land, to which as it was a new build it held me up landscaping, so after they ignored me I accidentially hit it was a space , they soon came running out the next week (prob as a result of people with no service) and found another way to route it

It's irrespective if he gets on with his neighbour or not because neighbours can come and go but your property will be stuck tied to virgins way-leave, explain nicely to your neighbour your concerns and virgins lack of willingness to address them, have them remove it pending a suitable agreement that both parties are happy with then run it by a solicitor just for peace of mind.

Why not just leave it in without the wayleave?

Get a solicitor and get some compo cannot believe they have even done this i would be asking for ££££££££££££

I don't know why some people are being so flippant with their comments. Routing of telecommunications cable through private land can have a variety of wide ranging effects, particularly if the land owner ever wants to do anything with the land the cable is run within. It's also worth remembering the disruption likely to be experienced with engineers coming and going whenever they please. It doesn't sound to me like the OP is trying for unjust compensation, just an agreement before they start doing things along with safeguarding the future of their land. wayleave payments are woefully small anyway so that doesn't really matter, its more like ensuring the land is not damaged.

If it was any of you having this issue, you'd soon change your tone.

robertr

Blowing it out of proportion? Glad you feel that it is so trivial!



Of course it's trivial! What's the matter with you?

Since it will cost Virgin to rectify their admitted error, I would feel some compensation would be in order if they wish you to retrospectively permit it, regardless of whatever the case is in a properly authorized wayleave.

That is shocking. I'd get them to remove it. They're trying to peer pressure you into signing it. By the sounds of it this is the approach they take with anyone that doesn't sign. I wonder how many people end up just signing.

Can't believe there are people who would allow this to happen. This is just a large company thinking they can do what they want when they want with no respect for others.

As others have stated you'll be limited to how you use that part of your land (that you've paid a premium to have). With this limit been imposed on the land I would argue it will/has de-valued your property.

As for your neighbour I'd explain it's nothing personal to them your trying to defend what you've paid for. It's broadband at the end of the day not as tho you're stopping them from receiving water.

As others have stated a solicitor is needed. Good luck.

heathead

That is shocking. I'd get them to remove it. They're trying to peer … That is shocking. I'd get them to remove it. They're trying to peer pressure you into signing it. By the sounds of it this is the approach they take with anyone that doesn't sign. I wonder how many people end up just signing.Can't believe there are people who would allow this to happen. This is just a large company thinking they can do what they want when they want with no respect for others. As others have stated you'll be limited to how you use that part of your land (that you've paid a premium to have). With this limit been imposed on the land I would argue it will/has de-valued your property.As for your neighbour I'd explain it's nothing personal to them your trying to defend what you've paid for. It's broadband at the end of the day not as tho you're stopping them from receiving water. As others have stated a solicitor is needed. Good luck.


The idiots on here would not be so quick to condemn if it happened to them typical hukd crap.

Paddy_o_furniture

What is it that you disagree with about in their t&cs? What are you … What is it that you disagree with about in their t&cs? What are you hoping to gain from VM? Free service, compensation, discounted bill?The only thing that will happen long term here is Virgin will remove the service from your neighbour, possibly leaving you with an irate neighbour.



Sounds simple to me, by agreeing to sign you have to adhere to Virgins terms and conditions for your piece of land that their cable traverses, which is simply something that I personally would not be happy with, which is exactly what the OP appears to be unhappy with.

who's the turnip going down voting everyone who is talking logically

adamspencer95

who's the turnip going down voting everyone who is talking logically



Try forming a sentence next time

Do BT not offer high speed broadband (10 megabits) to you neighbour?

The problem you may find is if the 3 other people don't grant permission and BT services are not available then VM can apply for a court order and will then do it anyway.

As it will be out of the scope of planning permission to build where the cable will be due to boundary limits you won't be building anyway. If it crosses an access point (driveway,path) you could ask them to place the cable lower so if you were to replace the drive it would be below the base.

Whatever decision you make can only be yours but you have to be aware that it can be taken out of your hands.
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