Underground cable installation question

[crazyswede]

Hi, this is my first post and I hope I’m posting in the right place!

I have come home from work this evening, to find a bright green line painted on my land. It leads from a TV Internet manhole cover on the pavement, across my land, then across shared neighbours land, and terminates at the door of one of my neighbours. She says it’s for her new virgin Internet.

Matters are complicated slightly inasmuch as all of the land in question is listed. Moreover, my deeds state that I own my portion of the land and that I have to give neighbours right of access to their homes. They live in a courtyard, and I live in the Gatehouse to the courtyard. My home is above an archway, and it’s under the arch where the bright green line has been drawn - that is the portion of land that I own on my deeds. ( it is not a public right of way I just have to give access to the neighbours that live in the courtyard).

My neighbour does not seem to think there be any problem with the listed cobbles being dug up. However, I have received no notice from any utilities companies that this is going to take place and I am concerned that if they damage anything under my portion of the land, then I’ll be responsible to have to put it right.
Where do I stand on this legally please?

[Jaymoss]

I would have thought if you wanted a proper legal answer then you will need to quickly contact someone with proper legal knowledge of the situation.

[GrimUpNorth]

If the cobbles are listed, I'd be tempted to run the situation past the Local Planning Department.

[daveeb]

I think I'd be kicking off with the neighbour if that happened. I don't think a right of access allows the access to be dug up especially if it's listed. Tricky one as it would be costly to get legal advice, as Grim says I'd try the planning office.

You need to establish whether there is already a wayleave in place for utility companies to do this work. Though it sounds to me as if neither VM nor your neighbour have troubled themselves to find that out. It sounds like your neighbour has simply told the installer that it will be fine, presumably on the basis that they walk on the cobbles without any issue so burying cables under them should be fine too.

But your situation is too urgent for the internet to solve unfortunately. You need to phone the planning office at your local council and make sure you lead on the phrase ‘listed building’ - if you make it about access and consent they will tell you it’s not their problem and to go hire a lawyer.

[Peter729]

Originally Posted by Chris

You need to establish whether there is already a wayleave in place for utility companies to do this work. Though it sounds to me as if neither VM nor your neighbour have troubled themselves to find that out. It sounds like your neighbour has simply told the installer that it will be fine, presumably on the basis that they walk on the cobbles without any issue so burying cables under them should be fine too.

But your situation is too urgent for the internet to solve unfortunately. You need to phone the planning office at your local council and make sure you lead on the phrase ‘listed building’ - if you make it about access and consent they will tell you it’s not their problem and to go hire a lawyer.

Good advice

VM are known for just "going ahead regardless" they wanted to dig up land in the front my house, when i asked them what they were doing they said it was Council land and they had permission, I asked to see the permission and they couldn't find it. I showed them a copy of the Land Registry map for my property which clearly shows the land is mine.

[crazyswede]

Originally Posted by GrimUpNorth

If the cobbles are listed, I'd be tempted to run the situation past the Local Planning Department.

Thanks, I’ll do that

---------- Post added at 23:23 ---------- Previous post was at 23:22 ----------

Originally Posted by Peter729

Good advice

VM are known for just "going ahead regardless" they wanted to dig up land in the front my house, when i asked them what they were doing they said it was Council land and they had permission, I asked to see the permission and they couldn't find it. I showed them a copy of the Land Registry map for my property which clearly shows the land is mine.

What happened to you was outrageous!

[Peter729]

Originally Posted by crazyswede

Thanks, I’ll do that

---------- Post added at 23:23 ---------- Previous post was at 23:22 ----------



What happened to you was outrageous!

I think they adopt the adage "its better to say sorry than ask for permission"