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Old 26-06-2008, 14:22   #11
MovedGoalPosts
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Re: virgin media have run a cable up my wall

When a customer requests a new service be supplied to a property, as part of that request they grant the service company, such as Virgin Media, a wayleave. The Wayleave allows the service cable or pipe to be run across that customer's property including gardens.

Since a customer has no control over land that he does not own, then there is no ability to for the customer to grant a right over the neighbour's land. If such a right is needed, that has to be formalised by a legal agreement, usually referred to as an easement, and this would be drawn up by solicitors and registered against the property title. An owner would know if he has been asked to agree to a new easement, and normally he would receive a payment for it.

It is the problem that freeholders and all leaseholders of blocks of flats each having to agree to wayleaves and easements being granted that prevents Virgin Media installing to many blocks of flats.

Virgin Media, as a supplier will have some rights to run cables around public highways and such like commone spaces controlled by the local authority. They may sometimes, depending on rights granted by the owners of it, be able to route cables over private roads to estates.

In this instance, no easement has been granted by you, the owner of your land and property to allow the cable to exist. It is thus clearly a tresspas and you have a right to demand that cease. If you are getting no sense by phone, a simple recorded delivery letter to Virgin Media telling them to immeiately cease the tresspass, removing the cable and making good all damage caused should suffice. Make it clear you will remove the cable yourself, if they do not comply, and accept no liability for resultant damage to their equipment, reserving the right to charge all costs you incur to them.

It would be advisable to maintain good relations with your neighbour to let them know there will be a problem and, whilst you don't blame your neighbour, their service may be cut off if VM don't get their act together.
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