Wayleave problems

[Walsh1]

Hi all,
I am having problems with my virgin media..
My neighbour decided to have virgin installed in may and virgin ran a wire along my garden wall which is totally in my property without even asking me. We had the wall built about 4 years ago.
I phoned up to complain and was told that as a previous owner of our house signed a wayleave they could do this without asking me.
I am really peed off that they did not ask my permission and feel that they are out if order.
They are not interested in my views even though I have been a loyal customer fir about 11 years from the cable and wireless days.
Can they legally do this, do we have any rights anymore....
Walsh1

[Peter_]

Ask your local Citizens Advice Bureau and request a copy of the Wayleave document as it should have been included in any documentation when you purchased the property.

[weesteev]

Do you have photos of this? If its an untidy job then Virgin should at least come and tidy it for you, I take it the cable has been run on the wall as it cannot be buried?

[MovedGoalPosts]

A wayleave is usually required for services to your property only. It does allow the service provider access over your land so they can maintain, upgrade, remove, replace the service to you. A wayleave should not normally give rights to enable a service provider to supply another property via your land.

To serve another property over your land a much more formal legal agreement is normally required, called an easement. These are often drawn up be solicitors and can affect the registered title of a property.

You need to see the agreement that exists. You also need to foramally dispute it, in writing, by recorded delivery notice to Virgin Media. You do not want the supply of the adjoining owner's property via your own to be something that could eventually be a legal right acquired by your neigbour by advere possession rules. To maintain friendly relations with your neighbour keep them informed of what you are doing.

[jungleguy]

Hi there, is the wall they tacked the cable to, the boundary between your property and your neighbors?

[Walsh1]

Thanks for your advice,
The cable is not untidy it is just that we built the wall on our property, it is not a shared wall but defines the boundary between my neighbour and myself. the cable could not be put underground due to my neighbour not wanting to dig up their bricks so virgin engineer decided to attatch the cable to my wall without asking me the owner.
When i asked why this was they said that when the cable was put on our street the previous owners signed a wayleave giving them the rights to do this.
Sounds wrong to me.

[Peter_]

Thanks for your advice,
The cable is not untidy it is just that we built the wall on our property, it is not a shared wall but defines the boundary between my neighbour and myself. the cable could not be put underground due to my neighbour not wanting to dig up their bricks so virgin engineer decided to attatch the cable to my wall without asking me the owner.
When i asked why this was they said that when the cable was put on our street the previous owners signed a wayleave giving them the rights to do this.
Sounds wrong to me.
As I said above you need to request a copy of the alleged wayleave because a copy would have needed to be included in your deeds when you were buying the property, if the is no wayleave then they will need to remove the cabling and make good your wall.

[on in an hour!]

if i read your post right then there must have been an option for the installers to clip the cable down the other side of the wall (on your neighbours side,so only your neighbour could see it) and you wouldnt have been any the wiser (or as miffed!)