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Garden Dug Up and Cable installed on my property without knowledge
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Old 13-03-2010, 20:16   #1
rag3d
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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.
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Old 13-03-2010, 20:19   #2
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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 Have a quick search though installations section.

Here it is, hope its helpful http://www.cableforum.co.uk/board/62...t-i-didnt.html
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Old 13-03-2010, 20:21   #3
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Re: Garden Dug Up and Cable installed on my property without knowledge

Take lots of pictures now and keep copies safe.
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Old 13-03-2010, 20:21   #4
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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.

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Old 13-03-2010, 20:29   #5
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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?
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Old 13-03-2010, 20:42   #6
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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
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Old 13-03-2010, 20:42   #7
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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.

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Old 13-03-2010, 21:11   #8
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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 ----------

Quote:
Originally Posted by speedfreak View Post
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
I might be inclined to do the same, your well within your rights to do so if its on your land.
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Old 13-03-2010, 21:27   #9
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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.
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Old 13-03-2010, 21:33   #10
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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.
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Old 13-03-2010, 21:39   #11
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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.
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Old 13-03-2010, 21:42   #12
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Re: Garden Dug Up and Cable installed on my property without knowledge

Quote:
Originally Posted by Welshchris View Post
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.
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
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Old 13-03-2010, 21:56   #13
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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.
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Old 13-03-2010, 22:03   #14
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Re: Garden Dug Up and Cable installed on my property without knowledge

Quote:
Originally Posted by Welshchris View Post
well its pretty much the same thing isnt it, running through a property without permission given.
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.
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Old 13-03-2010, 22:14   #15
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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.
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