Telegraph pole installations: ‘BT installed a cable on my doorstep – then said I couldn’t dispute it’
Your rights when firms invade your space
Our lawyer explains what you can – and can’t do – when a company trespasses on your grounds
I was contacted by a reader called Jacob, who was furious after BT stuck a 12-metre telegraph pole next to his property.
He says it is almost in touching distance – and he had no warning about it.
Jacob, who lives in Cornwall, got straight on the phone to BT to demand answers.
But they told him they have the right to stick poles anywhere to meet the telephone and broadband needs of the community.
What the law says
Unfortunately, they are right. They do, generally speaking, have the right to place telegraph poles wherever they want.
However, they do have to be able to prove that there is a true need for the pole and it is the best and most convenient location.
I received a similar raging letter from Janet in Yorkshire a few months ago.
In her case, an electricity provider was seeking to install a pole in her front garden in order to run cables.
This situation here is slightly different because the electricity provider does not have an automatic right to place poles anywhere. The usual arrangement is they either enter into a agreement, commonly known as a wayleave agreement. They pay the owner of the land an annual rent.
Or they can obtain what is known as an easement, which is a legal right to use the land. They pay an annual fee for that right. If you end up stuck with a telegraph pole or one from a power provider, you have every reason to be concerned.
Having one so close to your home can affect its value and it might be a sticking point when you are trying to sell up. A buyer could easily be put off seeing one of these poles with cables running right outside the place.
There is also the safety aspect to think about. In extreme weather conditions, these poles can come crashing down causing damage to your property or even injury.
If this happens, the owner of the pole will be liable, although I have heard of occasions when they have denied liability. But they would be wrong to do this.
News Source: Dean Dunham, The Mirror