The Accidental Smallholder Forum

Community => Coffee Lounge => Topic started by: CornishFarmer on January 18, 2011, 12:46:53 pm

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Post by: CornishFarmer on January 18, 2011, 12:46:53 pm
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Title: Re: BT Telephone Poles
Post by: robert waddell on January 18, 2011, 01:01:51 pm
bt normally install poles on the road verge only occasionally do they install them on farm land other than to serve that farm or individual
(do you expect to get the phone and compensation for fitting it)
we have the same situation with poles and no rent also no title for them either(electric poles always have a title)
good luck with BT






































Title: Re: BT Telephone Poles
Post by: ambriel on January 18, 2011, 01:55:05 pm
We don't have any poles crossing our land [except for the odd one using it as a shortcut back to the harbour and his fishing boat :)] but as I understand it where a utility crosses your land they do have to pay you for what's called an easement.

This might be in the form of a one-off payment or an annual one. Chances are that a previous owner of your land took the one-off payment.
Title: Re: BT Telephone Poles
Post by: dyedinthewool on January 18, 2011, 07:33:18 pm
We also have  2 BT poles on our land - one goes right across our garden - when we enquired about having it moved (we were putting an extension onto the existing house) we were told it would be £100 just to have an engineer come out and tell us it would cost a couple of thousand... So we decided to carry on with the build - having gauged it height from the ridge would be about 6".  A couple of weeks later a guy came round saying they were changing the poles in the area as they weren't high enough (some new reg).  They changed the poles all down the lane for a taller ones and it now clears our roof by miles - just as well we waited it didn't cost us anything ;D ;D
Sorry :-[ :-[back to the thread topic - the previous owner of our property decided to claim a 1 off payment so now we won't get anything - though if it's anything like the Electric poles we have it's a pittance of £26.0 per year :o :o
Title: Re: BT Telephone Poles
Post by: CameronS on January 18, 2011, 08:32:54 pm
We have two poles in our garden  :o

as far as i know we were told that that was where they were going and we don't get anything for them
Title: Re: BT Telephone Poles
Post by: waterhouse on January 18, 2011, 10:51:06 pm
Most properties have things called easements either in their favour or against them and these can arise by usage or by agreement.  So a right of way can be agreed formally or just happen by usage over time.  Shooting and fishing rights don't always go with the land. And you can't knock down half a semi-detached house without supporting the rest.  Utility poles are a variant called a wayleave where there is a specific agreement for your land to be used for something from which you may not benefit.

These used to pay derisory amounts each year but over time many utility companies paid a capital amount to the then owner to avoid the admin of paying a fiver a year. 

Although often expressed as terminable, or having expiry dates, they mostly aren't or don't.  Case law is heavily in favour of the utilities though the Law Commission is on the case, so never ever sign one or agree to a variation without specialist legal advice.  You could sign away a lot of money.