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Old 14-03-2010, 19:21   #35
MovedGoalPosts
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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.
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