Open Reach and manhole cover issue  

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Stuart Austin
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28/11/2017 9:32 am  

I Have an Open Reach manhole cover located on my land and i had it covered (only with hessian and Bark) as the roots looked terrible.
It was disused and there is no listing on my deeds nor any sign of a "Wayleave" in the Deeds/Paperwork.

I came home yesterday to find "Openreach"  ripping up all my Membrane/Hessian and removing all my bark out the way and going down into the Manhole.
A little shocked, they then informed that I had to leave access to it as it belongs to the Council.

I assured the Engineer that it was, in fact, clearly on my land and that i have the deeds for it which show no information about the manhole nor any
Wayleave to suggest they can do as they please whenever they want.

They then told me that it is to provide lines to all the properties on the Adjacent street but not actually for my connection.
if that manhole was providing my service, there'd be nothing i could do about it but it doesn't.
Has anyone ever come across anything like this? 

 

Owner of www.iFix-YourPC.com
Local PC Laptop Repair covering Tendring.


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Maureen S
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28/11/2017 9:35 am  

I've never heard of anything like it!


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Rob S
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Rob S
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28/11/2017 8:21 pm  

I blame the dyslexia!


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DaveB
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29/11/2017 8:36 am  

That's definitely one I've never come across. Having cables strung across your land is one thing, but for the like of BT being able to dictate what you can and cannot do on your own property seems a bit much.

Is the Manhole actually on the land that you took back earlier. Because that combined with the problem you had about the bench would seem to indicate that some pinhead in their offices cannot read a plan.


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Stuart Austin
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29/11/2017 9:59 am  
Posted by: Rob S

Have you tried site this, Stuart?

https://www.ournetwork.openreach.co.uk/altering-our-network/obtaining-your-wayleaves.aspx

I emailed them saying there is no wayleave in place and that there are no details on the deeds.
They seem to think the land belongs to the Council.

Yes Dave, it's on that piece i took back which sits back about 6 foot from the pathway but it is all owned by me.
Wayleaves aren't worth much and to be honest, it isn't about that but the fact they just ripped all the hessian and bark up and dictating to me about allowing access lol
I'll keep you informed

Owner of www.iFix-YourPC.com
Local PC Laptop Repair covering Tendring.


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Viv S
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29/11/2017 8:52 pm  

Might be worth asking your Conveyancer/Solicitor to go back and double check his search findings.  If that land is on your Land Registry docs then anything on it should really be included, should it not?  Also when you got Planning Permission for your Red Robins and Fencing it should have been highlighted then maybe..........Nothing straighforward in this life !!!


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Maureen S
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30/11/2017 9:01 am  

Um, Viv, why would anyone need planning permission, to plant shubs, and put up a fence on one's own land?


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Viv S
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30/11/2017 9:06 am  

.....remember Stuart saying his planning permission/regs said he had to plant the red robins with new fencing.......hazard a guess it could be changing the boundary appearance


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Viv S
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30/11/2017 9:07 am  
Posted by: Maureen S

Um, Viv, why would anyone need planning permission, to plant shubs, and put up a fence on one's own land?

......LOL we probably need planning permission to blow our own noses these days too!!!


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Maureen S
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30/11/2017 9:16 am  

Mmm, life ain't fair!!


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Stuart Austin
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01/12/2017 8:22 am  

Yeah i needed planning permission to extend the boundary fence.
I was told that i had to keep 5-6 feet from the pathway and to "Soften the approach" i was designated a Council Gardener lol Initially i was going to put all different plants down there but i had to inform them of type, size, how deep they were being buried, what soil, what mulching, how high each plant gets, how wide each plant gets, how i would treat them etc etc so just opted for 40 Red Robin. There were no details once again about the JK4 manhole covers sitting behind the Bench that they also knew nothing about.
I have all the Solicitors paperwork and there are no details of a bench nor the Manhole. 
Was just cheesed off as they cut all the hessian/Membrane out and swept the Bark over. Ironic that BT charge me a rent for my line etc and they have a 6 foot wide/9 foot deep box on my land lol

Owner of www.iFix-YourPC.com
Local PC Laptop Repair covering Tendring.


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Viv S
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01/12/2017 9:41 am  

Would it not be reasonable to assume BT needed prior permission or give notification to access (or rearrange) any part of someones property...if they thought it was Council then wonder who they contacted


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Gill B
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01/12/2017 1:54 pm  

Steve, if BT have to access your land, then why don't you charge them rental? I sure that if telegraph poles are on someones land, or BT have to access private land, they pay the owners a fee.


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Viv S
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01/12/2017 5:36 pm  
Posted by: Rob S

I blame the dyslexia!

wot dislexya is that then?


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Rob S
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01/12/2017 6:41 pm  
Posted by: Viv S
Posted by: Rob S

I blame the dyslexia!

wot dislexya is that then?

Silly me, it should of course have been lysdexia.


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Stuart Austin
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19/12/2017 4:00 pm  

Got a letter today, Openreach sent me a Wayleave contract (For life) offering a few hundred pound.
It would give them the rights to access and any permission for any further equipment that may be required.
There is nothing about a possible BT Pole with cables etc. The cables run 70 metres underneath my infamous Red Robins.

Bit weary and wondering if i should seek advice.
Any solicitors about? lol

Owner of www.iFix-YourPC.com
Local PC Laptop Repair covering Tendring.


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Viv S
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19/12/2017 7:05 pm  
Posted by:

Got a letter today, Openreach sent me a Wayleave contract (For life) offering a few hundred pound.
It would give them the rights to access and any permission for any further equipment that may be required.
There is nothing about a possible BT Pole with cables etc. The cables run 70 metres underneath my infamous Red Robins.

Bit weary and wondering if i should seek advice.
Any solicitors about? lol

might be worth checking with your buildings insurance legal cover particularly if they have been accessessing previously without permission.......


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Maureen S
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20/12/2017 9:38 am  

What's happening, Stuart?? I'm getting totally confused, with this 'ere 'anonymous' !..................and I haven't even started on the Christmas spirits yet! (well not quite!)


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Lis B
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20/12/2017 11:16 am  

And how did you join 48 years ago? Was there a good Internet speed then?


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