Garden Dug Up and Cable installed on my property without knowledge

[weenie]

Originally Posted by Hom3r

One thing I have noticed is that th OP is in Scotland, and the law there could be very different.

As my sister found out when my brother in law faced moving there, my sister's legal qualifications weren't valid there.

You are quite my property is registered with The Land Register (SCOTLAND) and VM legal department seems to be really confused so much so VM phoned me and was on google maps and I had to talk them through some of the conditions of the deeds example the houses to the left and right hand side windows need to be rosewood and plain glass and the houses facing you need to be white windows and the glass needs to look like georgion style, also no fence and if a hedge is grown it has to be no more than a metre in height, 3 feet away from the road edge as there is no footpath and planted with gaps and planted 10 feet away of house TBH I think they are thinking Holy you know what... as they do not seem to have a clue about Scottish Law or Scottish title deeds, and I know this is really bad of me but when I came off the phone I was PEEING MYSELF LAUGHING as I thought serves you right you IDIOTS ... for laying your cable on my property... Where I live there are a lot of conditions in the title deeds to which they are now finding out for themselves and seem to have not got a clue but I will give them one hire a Scottish Lawyer or one that understands The Land Register (SCOTLAND) My brother in Law lives in Grimsby and he said that English Law is different to Scottish.. even my Lawyer found the deeds quite intense when we bought the house...we are not even allowed to have a Sky dish on the front of our property and if a dish does go on a house it is not allowed to be seen from the front of the house so not even allowed to be put on to the roof, I must admit it is a pain to have so many conditions but they seem to be confusing the Chief Executive department at VM and their Legal team so I suppose that is a slight bonus for me, as they are having a trying to understand them they even asked why no company vans or caravans were allowed to park over night on the estate and I took great pleasure in saying ask a lawyer as I do not know why the deeds state that...

Please do not use asterisks to avoid the site swear filter - this is against Site T&Cs.

[weenie]

Sorry, Hugh I have changed it, got a bit carried away...

[weenie]

Just found out today at 09:35 I have a legal right to remove anything from my own land that was installed without my permission, but it must be done with no damage to cable as VM own that, so unfortunately for me I can't remove it without risking damage therefore could be liable for damage talking about been given good news then it be took away in the same sentence, I came off the phone thinking , but the good news is that it looking like my Lawyer has them on something quite big that I could get them on, not saying too much as to what it is but it is HUGE and the reason I am not saying anything at the moment is do not want to give VM heads up as to what is coming to them because someone who works for VM could read this and I do not to spoil my surprise for them ...what I will say is anything that VM has laid on my property what they are supposed to do is ask for my permission and be granted a way leave as I have said before only the owner of the property can grant that... Got you VM and let's just say according to the deeds on 4 things so far.... Oh what a nightmare for both of us I say but I will keep fighting for my rights as a home owner until my last breath that is a promise VM and certainly not intended as a threat and is nothing against yourself as a company, it is merely us protecting our investment ... and our children's inheritance ...

Originally Posted by weenie

Just found out today at 09:35 I have a legal right to remove anything from my own land that was installed without my permission, but it must be done with no damage to cable as VM own that, so unfortunately for me I can't remove it without risking damage therefore could be liable for damage talking about been given good news then it be took away in the same sentence, I came off the phone thinking , but the good news is that it looking like my Lawyer has them on something quite big that I could get them on, not saying too much as to what it is but it is HUGE and the reason I am not saying anything at the moment is do not want to give VM heads up as to what is coming to them because someone who works for VM could read this and I do not to spoil my surprise for them ...what I will say is anything that VM has laid on my property what they are supposed to do is ask for my permission and be granted a way leave as I have said before only the owner of the property can grant that... Got you VM and let's just say according to the deeds on 4 things so far....

well wait till the guy is out or in bed dig the cable up and disconnect it from his box(outside his house) then leave it curled up and tell vm it has been removed

You have returned the trespass in kind done no damage and removed the cable.

You still have the option of not telling a gardener

note to anyone in the future just shove a spade through it "accidentally" and save yourself all the hassle

[weenie]

Could not agree more with the hassle bit
Could not agree more it has been a load of hassle for us but personally it is looking extremely good for us now as the Lawyer has found out stuff I would never have known about as I would not have known where to look in the title deeds. We can take the neighbour to a small claims court now still don't know if we will do that as we just want the cable removed...and do we really want the hassle of a small claims court...I know many people would have put a spade through it as this is the view from many of our friends but my eldest son is at uni studying social science and criminal justice as he wants to be a police man and I do not to jeopardize his chosen career... by getting a conviction... not that I would risk one anyway I am quite happy to have lived 44 years without one, the only one time I had reason dealing with the police and that was for one speeding ticket 23 years ago ...

[deadite66]

Charge VM rent.

[weenie]

Originally Posted by deadite66

Charge VM rent.

I know I could if they leave it longer than my Lawyer has gave them to remove it, but have to give them the chance to resolve the matter "RECTIFY THE PROBLEM" fingers crossed it won't be long ...

[Pauls9]

Originally Posted by jb66

If techs use a shovel to dig a line in the grass, how exactly are they supposed to get it deeper than a shovels depth? Ive never burried a cable but I have pulled them up to gel pack a split then reburried it in the same trench.

If cables are supposed to be buried more than a spade depth, installers should be provided with an appropriate machine to do the job.

funny I have dug holes with spades much deeper than a spades depth. If engineers can not suss out how to dig trench then we are in trouble in this country

Simple guideline as to how to do it. Bring a small tarp about 2m square will do( dependant on distance) and lay it next to where you are going to dig. Cut a line few inches into the ground the length of where there cable will lie. Cut another line 4 to 6 inches parallel to the first line. Carefully remove the turf you should be able to do this in just a few pieces so it looks better when replaced. Lay carefully on the tarp. Then you dig your trench in the soil as deep as you want and lay a mound on the tarp. Lay your cable. Replace the soil disposing of a little so the turf when you lay it is flat and even relay the turf. Simple neat tidy and deep enough and its not rocket science. Instead of this we get idiots dig and turn the turf so its a mess and the end result is also a mess.

jb66 your post I hope was ironic

[jb66]

Originally Posted by Pauls9

If cables are supposed to be buried more than a spade depth, installers should be provided with an appropriate machine to do the job.

I don't think they are supposed to be more than a spades depth, I'm yet to see one

Originally Posted by heero_yuy

You want to try that round here: After the first stony 6" you're into a matrix of interlocking flints and chalky clay. Spades just bounce off and forks shed tines like they're going out of fashion.

Gas people took 4 hours with kango hammers and picks to get down to their mole outside my front door when they were replacing the pipes.

pick axe and sweat then still can and should be done to guidelines

Originally Posted by heero_yuy

Agreed, but can you see a VM installer breaking sweat?

no lol I did actually shove my spade accidentally through my cable after they buried it 3 inches luckily it only broke the outer shell and not the cable itself

[jb66]

I've never seen the deeper than a spades depth guidelines?

---------- Post added at 13:18 ---------- Previous post was at 13:18 ----------

Originally Posted by heero_yuy

Agreed, but can you see a VM installer breaking sweat?

They are paid by the job, no chance

[weenie]

I think they VM broke into a sweat when they received my Lawyers letter,Title deeds and boundary survey as like I have said they seem really confused by the deeds and the conditions that has been applied to the property and land as it is under Scotland Land Register therefore under Scottish Law but like I say not my problem I never broke them ... Waiting game for me now ... it is now totally in the hands of the legal team my Lawyer and theirs ....