Garden Dug Up and Cable installed on my property without knowledge - Page 2

Charlie_Bubble · 13-03-2010, 23:15

Quote:

Originally Posted by Moldova

Chop it with a spade as soon as possible as the longer you leave it the harder it will be for you to get it removed, if it is cut they will have to come and rectify it.

Wouldn't he be liable to a charge of criminal damage or something similar if he did that. No, they shouldn't have gone across his land without his permission, but to do that would sink to the level of his sneaky neighbour or VM for trespassing on his land when he's not around.

Spectato · 13-03-2010, 23:30

A little research on Google would suggest that COBRA Installations are no longer contracted to Virgin Media, so it might be a company called Kelly Communications.
I'm sure others here would be able to clarify that.

Both companies and their workforce appear to have a pretty bad reputation.
Underpaid, hurried work as you would expect.

No doubt, Virgin Media themselves should be able to supply you with accurate contact details of the liable party.

SMG · 14-03-2010, 00:21

Quote:

Originally Posted by Moldova

Chop it with a spade as soon as possible as the longer you leave it the harder it will be for you to get it removed, if it is cut they will have to come and rectify it.

100%. Chop it.

Peter_ · 14-03-2010, 09:10

Quote:

Originally Posted by Charlie_Bubble

Wouldn't he be liable to a charge of criminal damage or something similar if he did that. No, they shouldn't have gone across his land without his permission, but to do that would sink to the level of his sneaky neighbour or VM for trespassing on his land when he's not around.

They have trespassed on his property and dug up his lawn with no wayleave so I would go for it as otherwise it could be there for months and months while he argues for its removal.

Sirius · 14-03-2010, 09:22

Quote:

Originally Posted by SMG

100%. Chop it.

**Kymmy** · 14-03-2010, 09:30

Chopping the wire would force VM to take action, but no-one seems to be taking into account what this action will do to relations between the OP and the neighbour.. VM you don't have to live next too

Paul · 14-03-2010, 10:49

Doesn't look like his neighbour is bothered about "relations" with him since he allowed them to trespass and dig up his lawn and is now avoiding him. Personally I would drop a letter through his door telling him what action you are about to take and asking them to let you know if ANY permissions were asked on the day as it may be that the contractor turned up, dug the cable in and then knocked on their door. (Odds are they will deny all knowledge etc anyway but at least you can make them aware you are getting it dealt with)

14-03-2010, 12:16

Quote:

Originally Posted by Charlie_Bubble

Wouldn't he be liable to a charge of criminal damage or something similar if he did that. No, they shouldn't have gone across his land without his permission, but to do that would sink to the level of his sneaky neighbour or VM for trespassing on his land when he's not around.

wouldn't digging up the garden count as criminal damage also? the fact the neighbour is complicit as is the installers would make for an interesting case.

**Rob** · 14-03-2010, 13:12

I'm assuming this is an open plan style garden. No fencing or otherwise to mark the boundary, just a fair bit of grass. In which case could there be an easy misunderstanding as to where the boundary lay? Might your neighbour even beleive that that bit of garden was his?

The cable installers would be working from the pavement T point to if that was in the wrong place from yeasr ago when the ducts were laid, then everything would follow on now. I'd have to look up definitions but for criminal damage to have been doen by digging up the garden there would have had to be some form of intent or recklessness to cause damage to the garden of another. This is a civil rather than criminal issue.

Although you don't want the service crossing your property, don't just cut the cable. Give notice that you will be doing so both the VM / Cobra and your neighbour. Only cut it once that notice has expired. That way you are continuing to act in a fair and reasonable matter and trying not to escalate a problem. Remember two wrongs don't make a right and rushing into a resolution won't help anyone.

It is important to remember that you don't want to create bad feeling with your neighbour even if it starts from something that isn't your fault. You both have to live there afterwards and bad neighbourt relationships can be a right pain. If you end up falling out in such a way there there is a dispute with him you might be required to declare such a dispute to any prospective purchaser of your property. That will immediately downvalue your home, and make it harder to sell.

Digital Fanatic · 14-03-2010, 13:15

Indeed... not worth falling out, but the OP needs to speak to the neigbour to find out what happened.

AndyCambs · 14-03-2010, 13:19

Two wrongs don't make a right. I would not cut the cable.

martyh · 14-03-2010, 13:36

are you sure the ghost of jeremy beadles' not about

14-03-2010, 14:03

Quote:

Originally Posted by Rob

I'm assuming this is an open plan style garden. No fencing or otherwise to mark the boundary, just a fair bit of grass. In which case could there be an easy misunderstanding as to where the boundary lay? Might your neighbour even beleive that that bit of garden was his?

The cable installers would be working from the pavement T point to if that was in the wrong place from yeasr ago when the ducts were laid, then everything would follow on now. I'd have to look up definitions but for criminal damage to have been doen by digging up the garden there would have had to be some form of intent or recklessness to cause damage to the garden of another. This is a civil rather than criminal issue.

Although you don't want the service crossing your property, don't just cut the cable. Give notice that you will be doing so both the VM / Cobra and your neighbour. Only cut it once that notice has expired. That way you are continuing to act in a fair and reasonable matter and trying not to escalate a problem. Remember two wrongs don't make a right and rushing into a resolution won't help anyone.

It is important to remember that you don't want to create bad feeling with your neighbour even if it starts from something that isn't your fault. You both have to live there afterwards and bad neighbourt relationships can be a right pain. If you end up falling out in such a way there there is a dispute with him you might be required to declare such a dispute to any prospective purchaser of your property. That will immediately downvalue your home, and make it harder to sell.

does not need to have intent to be criminal damage by definition I believe, As this would be neglect by those who run the cable and malicious by the neighbour who told them to do it. Both I believe could be classed as criminal damage

CycoSymz · 14-03-2010, 16:45

Quote:

Originally Posted by AndyCambs

Two wrongs don't make a right. I would not cut the cable.

Two wrongs don't make a right, but they make you feel a whole lot better

rag3d · 14-03-2010, 17:46

Hi All

Many thanks for all your responses. I have got more detail now, apparently it was done by OpenReach. The neighbour signed as Easement for his property, but the man said he could dig through ours??? Makes no sense, why ask him to sign an easement and then dig though our garden? The neighbour told him that we would not allow it and he seemed to think he was within his right!! So now we will have to see.