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View Full Version : Cable Company Box, Can I Claim Rent?


makkax1
21-07-2009, 16:00
Hi, I'm not sure if this is the right section to put this in (or even the right forum for that matter) but anyway:

I've recently bought a small plot of land from the local authority that adjoins my house so that I could increase the size of my garden. At the edge of this land is a Virgin Cable / Telephone box that the engneers use to plumb in new users, do repairs etc.

My question is; am I within my rights to ask them for rent as it is located on my property?

I quite like the idea of getting free cable!

Chris
21-07-2009, 16:03
Nope. Virgin Media will have a wayleave in place granting them permission for the box to be there and that agreement between them and the council will have passed to you when you bought the land. I would have thought that the existence of the wayleave should have come up when your solicitor did the relevant searches prior to purchase.

It's highly unlikely that there was a financial arrangement in place for VM to pay ground rent to the council and so there won't be one in place for you either. If you then decided you didn't want the box on your land VM could reasonably ask you to pay the costs of moving it, so don't go down that route - and whatever you do, don't develop your garden in any way that restricts access to the box. You will only make a rod for your own back the next time a tech wants to come tramping across your lovely new flowerbeds to get at it. Or worse, rips fence panels out in order to be able to open the doors. It can and does happen.

If I were you I'd ensure the box remains outside whatever boundary fence you erect, if at all possible, and is easily accessible from the street. Then forget about it.

makkax1
21-07-2009, 16:05
I don't think there was any mention of a wayleave in the agreement and there is no mention of the box on the plans of the plot either. Maybe Virgin never got one?

I have no intention of blocking access to it, I have already left it outside my fence.

Chris
21-07-2009, 16:07
Nevertheless, it will be a very long and cold day in hell before you get a penny out of them. I really wouldn't bother trying. Instead, to ensure minimum future hassle, concentrate on the other stuff I've added to my first post.

Pierre
21-07-2009, 16:08
Hi, I'm not sure if this is the right section to put this in (or even the right forum for that matter) but anyway:

I've recently bought a small plot of land from the local authority that adjoins my house so that I could increase the size of my garden. At the edge of this land is a Virgin Cable / Telephone box that the engneers use to plumb in new users, do repairs etc.

My question is; am I within my rights to ask them for rent as it is located on my property?

I quite like the idea of getting free cable!

Attached is a classic photo, of where a developer failed to correctly obtain the correct permissions to remove a cabinet.

The cab is perfectly legally in place.

makkax1
21-07-2009, 16:14
I don't want to move it, I want free cable!!!! It's fine where it is - well apart from the fact I have to call for an engineer everytime they get a new customer near me. Apparently I'm too close to the box and it buggers up the signal??

Chris
21-07-2009, 16:21
You won't get free cable and you won't get any ground rent.

zing_deleted
21-07-2009, 16:22
if there is no provision for them you could manage it but there is most likely wayleave its worth finding out though imo

makkax1
21-07-2009, 16:33
You won't get free cable and you won't get any ground rent.

Is that a challenge?

zing_deleted
21-07-2009, 16:48
the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

makkax1
21-07-2009, 16:52
the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

Thanks for your reply, but size 0? I don't geddit? What's being skinn:confused:y got to do with it?

SMG
21-07-2009, 19:52
First of all, check your house deeds. They will show exactly what is & isn't on your land. Next, check to see if there is permission to put the box on your land, & that authorised people have access over your land to get to the box.

You should have written confirmation with your deeds. If however, the box is not shown on your deeds, (the land plan) & there is no permission, take it to a solicitor.

Either way, you need to know your rights.

zing_deleted
21-07-2009, 20:03
Thanks for your reply, but size 0? I don't geddit? What's being skinn:confused:y got to do with it?

the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

Begize
28-07-2009, 08:16
It's not unusual for companies to pay private individuals some kind of rent for things on their land. For example, the local cricket club that my brother plays for has a mobile phone mast on part of their land - I forget which companies it is - but they pay about £10K a year to the club. That arrangement was made before the mast was built and directly with the club through a solicitor.

However, in this case, it's highly likely Virgin got a wayleave agreement with the council rather than some kind of financial arrangement. I work for a utility company and the same thing applies for things like water pipes and power cables / equipment / poles that cross or are on other people's land.

You need to take this up with your solicitor and him with the council.

Slyder
30-07-2009, 12:28
Zing, dont know about you, but if he gets free cable then so do I and I'm pretty sure if I get it, then you will..... and before long every poster here will want it. :D

To the OP, your fighting a war you most likely will not win. As previoulsy stated permission will have already been passed before you aquired the land.

Unless you like the idea of being had for theft of service, I doubt you will get free cable and to be fair, did you not question the CAB with your solicitor prior to buying the plot of land ?

weesteev
30-07-2009, 14:36
Surely the cabinet is on the public footway or on an area that is part of council owned property and not on pirvate land?

Wayleave would have been granted to the original cable company (Telewest, Diamond, Comtel etc) by the local authority for them to place equipment. The cable co's are (and still to this day) bound by the Highways act so they cant have street furniture where its not supposed to be.

The location of a cabinet has nothing to do with "claiming free cable". There are thousands of examples of cabinets right next to properties and buildings but are still in the public footway.

Chris
30-07-2009, 15:57
Surely the cabinet is on the public footway or on an area that is part of council owned property and not on pirvate land?

The OP states in his opening post that the cab is on land adjoining his property that he has recently bought from the council. I think we can take that to mean that it was placed on what was, at the time, a public grass verge between the pavement and the front garden. However, now it is within the boundary of the OP's garden.

weesteev
30-07-2009, 16:26
The OP states in his opening post that the cab is on land adjoining his property that he has recently bought from the council. I think we can take that to mean that it was placed on what was, at the time, a public grass verge between the pavement and the front garden. However, now it is within the boundary of the OP's garden.

Thats what I thought, but initially if it was placed on public land and wayleave was granted then thats it. Virgin Media will be able to cost diversionary works if required but that would have to be footed by whoever makes the request.

The idea about free services was priceless though, god loves a tryer!