Garden Dug Up and Cable installed on my property without knowledge
 

Hi

I have just come back from a holiday to find a diagonal trench right across my front garden... From the information I have found, somebody called COBRA has done it to install cable to my neighbour. Is this legal? I was astounded that somebody can just do this without talking to me first. There has been no communication from the neighbour, in fact they appear to be avoiding me, and no note from any company to state what they have put there. Any help greatly appreciated. :mad::confused:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Oh dear, if this is Virgin Media I've read about an almost identical story on here in the last few days :erm: Have a quick search though installations section.

Here it is, hope its helpful http://www.cableforum.co.uk/board/62...t-i-didnt.html

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Take lots of pictures now and keep copies safe.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Sounds like the neighbour has given them permission, lol. No wonder he is avoiding you.

If they didn't have permission from the land owner then they have broken the law. They should normally have permission in writing or at least recorded somewhere before doing so. You could have a case. It would be interesting to see what the response is from COBRA. I would seek legal advice if you wanted to pursue the matter.

Duke

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Thanks guys... I haven't given anybody permission to do anything to my property or land. I can't quite believe it. What do I do? I have no idea who to talk to, is it COBRA or the neighbour at fault? And who are COBRA?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Id go and dig a small patch out of the garden (over and through the cable) and if anyone says anything you were going to plant a tree, how are you to know theres a cable under there

Re: Garden Dug Up and Cable installed on my property without knowledge
 

COBRA will be the contractors that carry out the preperation work for the cable to be installed on behalf of Virgin media. I would speak with your neighbour first and ask him what is going on. Perhaps he can shed some light on the situation. You need to speak to the CAB. They will point you in the right direction.

It could be that the neighbour has ordered virgin media services and then the contractors have been deployed to commence works. As COBRA have been told to do the work I would imagine that they would have assumed all is ok however they really should check.

Get the facts or at least timeline of events and present them to CAB. The more information the better, perhaps speak with other residents who may have witnessed the event.

Duke

Re: Garden Dug Up and Cable installed on my property without knowledge
 

They shouldn't have gone across your land without your permission. If it was obvious that they were going across somebody else's land other than the customer (your neighbour) they should have got wayleave (your permission).

If it could be seen to be your neighbours land then it could be an innocent mistake by the contractors.

Either way complain and get it sorted.

---------- Post added at 21:11 ---------- Previous post was at 21:10 ----------

I might be inclined to do the same, your well within your rights to do so if its on your land.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I may just be really naive, but I would have expected that if somebody wanted to run something over your property let alone dig your land up that they would need to obtain written permission from that owner, either by way of easement or wayleave. But maybe not. The more I think about the more angry I am, but before I speak to the parties involved I just wanted to know my rights. I can't quite believe that the neighbour even hasn't had the courtesy to come and see me yet to advise what's happened....

---------- Post added at 21:27 ---------- Previous post was at 21:24 ----------

Hi Calmpitbull, thanks for your post. I could understand if it was not obvious the divide between us, but it is very, very clear.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Virgin did this to a woman in my home town a number of years ago when still NTL.

She had gone away on holiday and they turned up and told the womans daugher her mum had ordered the install and installed it. When she came home and realised she rang NTL and NTL then tried charging her install costs and to get out of the contract. In the end it all kicked up in Court and NTL had to pay her costs.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Chris wrong thread this is about them running the cable across another property for access not a unordered install.

You need to post it in this thread

Re: Garden Dug Up and Cable installed on my property without knowledge
 

well its pretty much the same thing isnt it, running through a property without permission given.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

It is a good post and was similar to the other thread issue :)

They never ordered an install in the other thread which your post is about, but this thread is about trespassing and installing cable on the OP's garden for the neighbours property,if you see what I mean.:)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

If it is your land and a company has dug it up without your consent they do not have a legal leg to stand on. That is whether they did it deliberately or inadvertently.

To be civil to your neighbour simply tell him that Virgin Media have no right to cross your property and you will be requiring all services removed.

Contact Virgin Media and COBRA, a recorded delivery letter is best so they cannot deny getting it. Require immediate removal of the service, and reinstatement of your garden. Give a reasonable time period for complance, say 14 days (you do need to allow the wheels of beurocracy to operate). Clearly state that if they do not remove the service and reinstate you will do so yourself and that all costs incurred by your will be charged to Virgin Media / COBRA as a debt.

You have to make it immediately clear that you have not and would not give consent for the service to have been installed. A legal right (easement) would have been required for the service to cross your land, and you do not want to be in a position where by failing to oppose it you find it is created by default.

Of course you might be willing to accept the easement, if Virgin Media / COBRA offer an appriate payment, and pay all the legal costs of having that easement properly drawn up and registered. Just note that such an easement might be considered detrimental by future potential purchasers of your home.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

100%. Chop it.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

:tu:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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 ;)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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

Re: Garden Dug Up and Cable installed on my property without knowledge
 

are you sure the ghost of jeremy beadles' not about :)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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

Re: Garden Dug Up and Cable installed on my property without knowledge
 

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.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Openreach is BT

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Spoke to neighbour, say's it's a broadband connection through Openreach [BT] and the people doing the work were Options [whoever they are] another neighbour tells me they saw a Cobra vehicle here [this is where Cobra came into this and for a week is all the information we had]. My neighbour assures me he challenged the contractors on commencment of works and was told by them that they were within their rights. My neighbour is in the construction industry and is familiar with the law regarding property rights. He has told me he complained to a named person at openreach immediatley, so it should all be on record. I spoke to BT last week, they have no record and have forwarded this to Openreach. I have also enquired of our highways dept as to who had permission to dig the road up. Sorry guys things are still as clear as mud but with my persistence and your input someone is going to get their Ass kicked and I will get my garden restored.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Are your neighbours services now live? if so you will get more action from his side if you do as already suggested and spade the cable, if you don't then to be honest he has no inventive to hurry this along.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Unless you are prepared to spend time & effort to sort out this problem, ie: start ringing round & convincing people they have done wrong, including the neighbour, has no incentive whatsoever to rectify the problem, then the easy solution is to dig your garden & cut the cable.

Let the neighbour & the company sort it out.

Also, stick em with a bill for putting your garden back as it was.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

An Easement cannot be granted by an owner of land who has no right to it. An easement is required by an owner of land where a service needed by that land passes over the land of another. As an easement is a legally binding arrangement potentially limiting what an owner of land can do with the land affected by the easement, it has to be legally arranged and would normally be drawn up by solicitors to attach to the ptoperty title deeds.

People often get easements and wayleaves confused. A wayleave is granted by the owner of a property to allow the service to be run through that property's own grounds to service that same property. A wayleave is much less formal than the easement, but basically gives the service company a right to enter onto the serviced property to maintain or remove the kit provided to service that property.

BT being a statutory authority will have the ability to dig up public roads. They do not have an automatic right to dig up private land.

As this is now not a VM installation issue, I'm moving the thread.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

They have to get permission to dig up public roads etc too, if this was BT Openreach then a formal complain through Openreach is the way to go. Obviously what is done is done but that doesn't mean they shouldn't be made to sort it out properly.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Thanks Rob' I beleive my neighbour has a wayleave for his property and not an Easement.
I can [with the information gained today] deal with the people concerned when they open tomorrow. Things would have been so much easier if my neighbour had spoken to me when we returned home last week. Goodness knows what Openreach will have to say because everyone I spoke to at BT last week said there is no way whatsoever that BT would consider digging across anyones property without the owners consent.

---------- Post added at 21:18 ---------- Previous post was at 20:58 ----------

Thanks Paul, sounds like the correct way to go. Do you know how quickly these complaints are dealt with? Dont want to go for months with the garden in a mess.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

They tend to deal with them quickly when they know they are in the wrong and it can be proved. Has your neighbour got any paperwork to do with the install that they may have signed?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

My neighbour told me he signed for permission to dig on his property only. Will have to ask him if he has a copy. He told me he has made a complaint to openreach over their trenching across my garden and given me the name of the person at openreach so I do have something to start with at last.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Funny thing is,why do they always have to dig up,why can't they attach cabling to nearby fencing and poles ect... I'm sure it would save them money as well???

Re: Garden Dug Up and Cable installed on my property without knowledge
 

If it's done properly, the cable would be safer underground.

I for one wouldn't like our towns to look like the USA with cables on poles cluttering up the sky.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Update
The contract was for BT Openreach. Have now been told the contractors are Cobra. Rep from Cobra knocked this morning and thought he could send a couple of men round to tidy garden [seemed to think the cable could stay under my garden]. When I told him I was dealing with BT legal dept he decided to leave it at that [fair enough].
Without exception the many different people and departments in BT that I have gone through have agreed with my complaint and have tried to help me resolve it. They do however seem to have as much trouble dealing with Openreach as the general public do.
I seem now to have had direct contact with everyone concerned except the people who's prime responsibility it is Openreach. I appreciate it is still early days but I would like someone from Openreach to speak to me that I should know what forward action I should take. My garden is not going to stay like this all summer.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

If you have something on your property that has no right to be there, then the final step is to notify them in writing, by recorded delivery, of your intention to:

1. Remove and dispose of the items in 28 days from the date of the letter;
2. Make good the damage caused by the original installation and
3. Make a claim in the Small Claims Court to recover your reasonable costs arising from the above.

If you think you've hit a brick wall, now is as good a time as any to do this.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

It's already gone on for FAR too long. Put a spade through the cable right away!

Your neighbour, who knows about construction, just watched and let them do it. Sounds very sus to me. Is he making a grab for your land?

Put a cheap fence up as quick as possible.

As to another poster's point about you committing criminal damage to the cable, you can't commit criminal damage on your own property!

Sorry to the good ones out there, but I hate those install techs. Yet to come across a good one yet.

Why can't BT attach the cable through the air? Aren't there poles in your area?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Rag3d, try an email at steve.j.robertson @ bt.com

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Yes you can.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

How can you commit criminal damage on your own land to something which shouldn't be there and never had permission to be there?

Sooner you stick a spade through it the better. That way they will have no choice but to re-route it.

Just say you were doing a spot of gardening

As for your nice neighbours, they were obviously not nice enough to stop it happening even though they knew it wasn't right. Sounds to me like they are just telling you what you want to hear.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Thanks guys for all the support and advice. Have spoken to solicitor, they say there is a possibility of commiting criminal damage if I cut the cable deliberately. Dont know what happens if there was an "ACCIDENT".
Had a meeting here this Monday with Reps from BT, Carrilion their contractor and Cobra who are contractors to Carillion for this job. Agreement has been reached that the cable will be redirected outside my property and go along to and down my neighbours garden.
I have told them I dont want them digging up the trench on my garden to pull the existing installation out, dont see the point in letting them make any more mess. They all would have been content to leave things as they were and for Cobra to send a couple of blokes to tidy the garden. They tried to convince me that the turf on their trench would would disappear, I know from first hand experience that is not the case. Tomorrow a landscape company is coming to give me a quote to returf the lawn. Their estimate will be forwarded to BTs claims dept who have sent me a claims form.
Thanks again for the confidence you have given me to push this forward.
PAUL: Thanks, I have been helped by someone in BT who made the contact between Openreach and myself and has kept in contact with me by phone and email to this point.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Nice one, do not let this go and ensure that you pursue the claim for the re-turfing as you are the wronged party.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Can we see some of the photos you took so we can see what they did??

Re: Garden Dug Up and Cable installed on my property without knowledge
 

First time I have done this Lee hope it works.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

What possessed them to think that would be alright by any stretch of the imagination, they have dug a trench accross the road and then through your property using the shortest route.

That is absolutely shocking, have them given you a timescale for its removal.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

One word: Unbelieveable.

Muppets!

(Make that two words!)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

No timscale given, After seeing the standard of their work I will not allow them to dig in my garden to remove whatever is there. I am waiting on a quote from a professional landscaper and when he does the work if their cable is nearer the surface than I have been told it will be removed.
I just have to see if the claims dept are prepared to meet the cost of re-turfing this small garden.
The landscaper that came today to give me a quote told me that the job Openreach left would in all probability always show.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Omg! that looks even worse than I thought it would! I can understand why you are upset!

Re: Garden Dug Up and Cable installed on my property without knowledge
 

That is disgusting, you need a fence to halite your boundary.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Don't just assume that you can erect any type of fence. Many houses are built with open layout styled front gardens. There may be restrictions in the title or from planning to use of fencing.

That so called reinstatement of a lawn is the sort of thing they'd get away with on a public road verge, perhaps, but to someone's front garden is appalling.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I feel your anger now more than I thought you were.

P*ss poor job. Hope it all gets sorted and quickly.

Duke

Re: Garden Dug Up and Cable installed on my property without knowledge
 

thats just seriously WRONG, lord knows how they could even think of leaving it like that is beyond me, i know my temper and that would have been ripped out within hours of getting home (yes i know it might not be legal) but i would have gone berserk.

I still would get them to move the cable, after all they shouldn't have put it through their i the first place, remove cable and re-turf the lawn and some compensation for all your hastle is a minimum you should be after :shocked:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Hang on - you've not agreed to allow the cable to remain, have you? :Yikes:

You have to get that cable off your property. What if it needs repaired or replaced in future? Whose garden will be getting dug up if/when that happens? Yep, yours.

There is absolutely no reason for that cable to be on your property. Openreach should have dug their trench along the pavement until it reached your neighbour's boundary, and then they should have run it up through his lawn. The reason they did not do that was clearly to save themselves some time and money. Well, frankly, their time and money is not your problem!

Re: Garden Dug Up and Cable installed on my property without knowledge
 

The cable is to be cut on the pavement outside my garden, redirected along pavement and down neighbours side of garden to his house. The pipe and cable under my garden will be severed at each end and will not be used again. It will be removed if my landscaper comes across it. If its as deep as they tell me he shouldnt find it. When asked if I wanted it removed I told them as it will be dead I will remove it if necessary they were happy with that [saves them a job]. I dont want them clumping on my garden anymore.
As I write this Cobra have arrived and started digging in the right direction.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Should do some photo's of work in progress for the record.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Well thank you for the clarification, I was getting all angry at them on your behalf. :D

I'm glad to hear they are now on the case and doing the job properly. What a bunch of muppets though. This will end up costing them a lot more than they stood to save had you let them get away with it.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Some people are simply too ignorant to realise that open plan front lawns aren't the same as the grass verge next to the road. Like the taxi driver who drove across a neighbour's lawn to get close to our front door. Or the kids who used to play football across them. Or whoever left tyre ruts in ours last night. :mad:

Please don't give the ...gentlemen... any reason to set foot on your property again.

Glad it looks like it's coming to a satisfactory end at last.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I'd have gone beserk even if I'd given permission and they left my lawn looking like that. What a shoddy job.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Have done, here's one

Re: Garden Dug Up and Cable installed on my property without knowledge
 

LOl, and now the neighbours looks bad 'not that that is a bad thing', do you think they were trying to get them to match ..

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Roffle roffle ... are you getting your entire lawn returfed as part of this deal? It's going to make your patch look a lot better than his. :D

How are relations with your neighbour now by the way?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Am I mistaken or is that still your garden? I thought your garden ended where your next door neighbours driveway is looking at the Photo it does!

Admin edit (Chris) Please don't embed pictures that size, it just messes up people's browsing.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

No, the boundary will be at a right angle to the front wall of the building and it will most probably start at a point right between the two cable points you can see on the wall.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Someone needs to send those guys on a landscape gardening course :rofl:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

No deal established with the claims dept at BT. I have a quote from a reputable landscape company to take the top off my lawn, level garden and turf with quality turf, a miniature box hedge is included to distinguish the boundry of the two properties, not sure how that will go down. I need to send this with a claims form they have sent me on which I have to state details of my claim. Apart from the landscapers bill I dont really know what else I am entitled to claim, I dont think they are likley to help me with that. Any ideas? The latest trench will not be on my side of the hedge.
Spoke to my neighbour on his way in tonight, he's fuming as Cobra it seems are suggesting that his wife gave them the go ahead to dig across our garden in our absence. I have told him no matter what his wife has or has not done the professionals involved would be fully aware that she would have no authority to grant such an act. He like I would not like to fall out over this but it cant help but strain a relationship [I hope things will calm down over time].

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Get a few beers and stand outside together and compare who's garden is worse off. Maybe you can salvage a laugh once it has all been sorted. I know it has been an awful experience for you and I don't see the funny side at all but perhaps you and your neighbour can move on from any bitterness. I am pleased that all involved are working with you to fix the problem and I look forward to seeing the photo once all is completed.

Duke

Re: Garden Dug Up and Cable installed on my property without knowledge
 

OK, I'm not a lawyer (so much for the caveat). I wouldn't expect any claim to allow betterment, i.e. the cost of the hedge. Unavoidable improvement, the provision of a reasonable quality lawn of new even turf over one that might have been perhaps a bit weedy should be allowed, unless the lawn really was in terrible order which your photos would suggest wasn't the case.

After that is a case for compensation, or in legal terms damages. That really is one that the ambulance chasing lawyers might be better off dealing with. Does your house insurance include any legal cover, some do. Might be worth a call to them if it does? Of course if BT/ Cobra or whoever is involved have any real sense they should have been making you a cash offer simply to shut you up. Did you ever get as far as serving a proper letter on them to make them sit up and take note, or is it still all oral stuff?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Looking at those pics, it seems to me that the best solution would be for the gardener to turf over the whole area. I'd be surprised the BT claims department would accept the hedge box. I doubt they'd notice if the claim would include returfing your neighbour's patch (which appears to be just a yard wide). Returfing the lot would definiteley be more pleasing on the eye.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I would take the advice already offered, get a couple of chairs out and a few beers and just chill with the neighbour whilst having a bit of a giggle over the workmanship, then get your gardener to turf both sides and stick little hedge up.

Pretty much a win win.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Could'nt agree with you more but I think because of the actions of the contractors its going to take a little time.

---------- Post added at 15:11 ---------- Previous post was at 14:52 ----------

OK Rob your not a lawyer but your suggestion of laying new turf on top of whats there suggests you are not a gardener either. I have for 27 years mowed, spiked, fed and weeded the whole of that little garden to my enjoyment and to the satisfaction of each of the neighbours that have lived next to me in that time. Your suggestion is not a great improvement on Cobras answer which is to send a couple of blokes to tidy the garden.
If I have to pay or do it myself it will be done properly, I dont do short cuts.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Sorry to say rag3d if you have done all that to your front lawn you have been something wrong, that little garden should be like a bowling green btw i am a fully qualified landscape gardener( for over 20 years) also done groundsman course for bowling greens and golf courses and there is no chance in hell that you have done all that to that piece of garden .May be you have mowed the lawn for 27 years but other than that the rest is bs good luck with the compo claim though.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

die5el,if any of us had the services of a professional groundsman we surley would expect are gardens to be far better than we could keep them, be honest mate how many domestic bowling geen lawns have you seen lately after the winter we have had. I think you may have a different opinion if you could see the rest of the gardens in our open plan street and bear in mind I have'nt touched this garden since last November with being away then coming home and finding this damage. I think you would agree I would be a fool to clean someone else's mess up to let them off the hook. I wish I had a pic from last year when its been treated and mown with my Hayter, but there again who would think you would ever need such a thing.
By the way my side lawn and back lawn doent exactly look brilliant at the moment but at least I have been able to start doing a bit of work on them.
By the way two Bali and Rospa landscape companys who have seen this first hand would'nt agree with you. But everyone is entitled to their opinion.
Thank you for your best wishes.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

@rag3d i havent touched my lawns front or back since about nov also but tbh they dont look as bad your front lawn but make sure you get the quotes off them landscape companys in writing my fingers are crossed for you hopefully you will get it all sorted soon let us all know how you get on

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Thanks die5el, your a pro I'm an amateur, you have'nt had a couple of gangs of Cobra's men tramping about your garden. I think you'll agree you have a head start on me when it comes to how are gardens should look. To me my little gardens are something I like to keep looking nice. I am for 40 years a pool contractor and working in the garden is a way I find to unwind and relax after a hard days graft. We quite often mix with landscapers who follow us to restore gardens after pool installation, so I know a little about landscaping [I emphasis A LITTLE]. One quote is in I am waiting on the second. I will then get them off to BT's legal claims dept. I also have some contact numbers for the different departments in BT who act as go betweens between Openreach and customers.Openreach themselves can only be dealt with by e-mail.
Whe I get this sorted I will try get it all on here that it may help others in future.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Re: Garden Dug Up and Cable installed on my property without knowledge
 

So I take it that the block paved area is your neighbours and that the contractors decided that the best way to install the neighbour would be to not touch their drive and to dig up and completely wreck your lawn? A suspicious mind would wonder how they came to that decision and how hard the neighbour argued for them to not dig your lawn up.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I thought you had a gravel driveway? :D

Re: Garden Dug Up and Cable installed on my property without knowledge
 

No, we're dead posh here, we've got both :p:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

glad its all (nearly) sorted,but HOW THE HELL did they think that turf was going to knit back in to the original lawn, (not just the original dig but now the neighbours) it resembles a bloody big long pie crust.:shocked:

ex-ntl in the the NW make a 'slice' with the spade and all you see after burying the cable is a scar like line which when stamped back down (with a little watering after sunset) knits back perfectly.;)

in 16yrs in the job i have never seen an installation so bad through the lawn that its had to be re-turfed!! (cobra used to do the installs for VM/ntl/ C & W up here as well!)
did my share of installs for them as it goes!! :D

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Sorry Chris, I should not have got involved.

---------- Post added at 22:30 ---------- Previous post was at 22:15 ----------

Paul, the last pic I posted shows where it was supposed to go along the pavement and the new trench down my neighbours bit of garden. They would never have needed to touch his driveway. When they came to do this re-route it took them 1hour 20 minutes to dig, lay cable and backfill. They came back after the week-end to tarmac the pavement. If this could all be done in such a short time i'm even more confused as to why it was'nt done right in the first place.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Then sue, for crying out loud. What are you waiting for?? I know some people are a little bit "nervous" or timid about such things, but if you don't stand up for your rights, who will?

Oh boy....Forget all that, sue for criminal damage. Ask a solicitor, not the idiot who said you'd be liable if you damaged the cable, about suing the neighbours too.

Hang on a minute... earlier in the thread you said your builder neighbour (he) was around and supposedly challenged the installers. Now, you're saying it's his wife that was there. Which is it?

Are you sure it wasn't you who gave permission after all, then thought better of it once it was done?

If you are the innocent party, as it seems, then stand up for your rights. Sue for criminal damage and I certainly wouldn't have a beer with a neighbour who allowed this to happen, unless I was pouring it over them.

I suspect this won't be the last "issue" with your "nice" neighbours. Check the deeds to your house and if its allowed, get a fence up quick before the next incident!!

PS: Just to check, has the "nice" neighbours ever offered you any recompense for this themselves, or offered to lay down new turf? I think I know what the answer will be...?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Crumbs. I'm glad I don't live next door to you, I'd be terrified in case I accidentally farted upwind of you. :erm:

Re: Garden Dug Up and Cable installed on my property without knowledge
 

....as I think it was you who banned me before, then I'll let that one go...

If people don't stand up for their rights and especially stand up to bullies (whether it be people or companies) then it will just keep happening.

If I had ever caused so much as an inch of damage to someone's property I'd instantly offer to rectify it. That would be the decent and correct thing to do.

These pigs that the OP lives next door to should be treated as such. If he thinks he's going to have good relations with such people, then he might as well just bend over now and be done with it.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

If you'd been banned, we wouldn't be having this conversation. ;)

Re: Garden Dug Up and Cable installed on my property without knowledge
 

...oh well, then I wasn't. My imagination.:)

I'm nice and cuddly really. Honest....

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Verizon,why does it sound confusing? because depending on who I talk to the story changes. Everyone is trying to distance themselves from it because they all know how wrong this is. Have spoken to solicitors and BT legal dept, have the claims form and the quotes, they should have them next week. The ball is then in their court to decide how far they want to go with it. I know exactly what your saying and believe me in the weeks this has been going on I have on plenty of occasions felt like letting rip as you suggest. I do not however want to do something I will later regret, so I'm trying to remain calm. I wish you were my neighbour at least I would know where I stood. But we've all got what we've got and we have to make the best of it.
Dont worry I really dont intend to let them walk all over me I promise you.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Its easy for people on a forum to say go and kick off with the neighbour etc but at the end of the day you have to live next door to them and see them daily. Just sort it with BT and get them to sort the lawn. Forget thinking about what the neighbour MIGHT have done or said, its not the end of the world, BT sound like they have admitted they are in the wrong. Just sort it with them and leave the neighbour out of it. Its not worth falling out over

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Sue, Sue, Sue!!!

You are aware before taking legal action you have a legal responsibility to try alternative means first. If you goto court without taking alternative steps first your case would bee dismissed (meaning you loose).

The op IS going about this the right way dealing with claims department. If and ONLY if he gets no joy after a reasonable amount of time Then he has to give final notice to BT (and the neighbor as BT were working as agents for the neighbor) that they must satify the case within 28 days (maby 14 i cant quite remember), THEN and ONLY then can he contact the small claims court to issue a summons, following that BT will have 28 days to respond (they may ask for a posponment). Finally then can he goto court.

Sueing someone isnt the first step in getting issues resolved (it dose quite annoy me when people think it is) it is in fact LEGALLY the LAST step.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Have received a reply from BT this morning following receipt of my claim. They advise that is is down to their contractor Carillion and as such have sent them the claim and directed me to deal directly with them!!!! Talk about Teflon shoulders. Surely it is down to BT to manage the claim, after all they are the people that got paid for the installation?? Any ideas? I have a feeling that between BT, Carillion and Cobra I am going to just get the run around. Who should be responsible for this?

Re: Garden Dug Up and Cable installed on my property without knowledge
 

I'd say that if you are planning on suing anyone, then the contractor would be a better option than BT simply because you would be taking on a smaller entity. You could fill in a smalls claim for against all parties and see how they respond. One might not show up in court and you're covering your bases. But get proper legal advice as I'm no expert.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Don't accept that!! - your neighbour engaged BT to provide a service - it should be BT's responsibility to manage their subcontractors. If your neighbours service wasn't working due to a poor installation then I suspect BT wouldn't direct them to talk to Cobra

Re: Garden Dug Up and Cable installed on my property without knowledge
 

That's simply a "pass the ball" exercise on BT's part, and them absolving themselves of blame. If you're gonna sue anybody, sue BT because they're the originating party.

Re: Garden Dug Up and Cable installed on my property without knowledge
 

Do not deal with Carillion. They are a supplier of BT, acting on BT's instructions. Respond by recorded post explaining that you hold BT responsible and consider that any arrangements they have to make to resolve the issue with their suppliers are their own business. Give them 28 days from the date of the letter to resolve the issue. Explain that you will commence proceedings in the County Court without further warning if BT has not resolved the issue to your satisfaction by then.