Cable Company Box, Can I Claim Rent?

[makkax1]

Hi, I'm not sure if this is the right section to put this in (or even the right forum for that matter) but anyway:

I've recently bought a small plot of land from the local authority that adjoins my house so that I could increase the size of my garden. At the edge of this land is a Virgin Cable / Telephone box that the engneers use to plumb in new users, do repairs etc.

My question is; am I within my rights to ask them for rent as it is located on my property?

I quite like the idea of getting free cable!

Nope. Virgin Media will have a wayleave in place granting them permission for the box to be there and that agreement between them and the council will have passed to you when you bought the land. I would have thought that the existence of the wayleave should have come up when your solicitor did the relevant searches prior to purchase.

It's highly unlikely that there was a financial arrangement in place for VM to pay ground rent to the council and so there won't be one in place for you either. If you then decided you didn't want the box on your land VM could reasonably ask you to pay the costs of moving it, so don't go down that route - and whatever you do, don't develop your garden in any way that restricts access to the box. You will only make a rod for your own back the next time a tech wants to come tramping across your lovely new flowerbeds to get at it. Or worse, rips fence panels out in order to be able to open the doors. It can and does happen.

If I were you I'd ensure the box remains outside whatever boundary fence you erect, if at all possible, and is easily accessible from the street. Then forget about it.

[makkax1]

I don't think there was any mention of a wayleave in the agreement and there is no mention of the box on the plans of the plot either. Maybe Virgin never got one?

I have no intention of blocking access to it, I have already left it outside my fence.

Nevertheless, it will be a very long and cold day in hell before you get a penny out of them. I really wouldn't bother trying. Instead, to ensure minimum future hassle, concentrate on the other stuff I've added to my first post.

[Pierre]

Originally Posted by makkax1

Hi, I'm not sure if this is the right section to put this in (or even the right forum for that matter) but anyway:

I've recently bought a small plot of land from the local authority that adjoins my house so that I could increase the size of my garden. At the edge of this land is a Virgin Cable / Telephone box that the engneers use to plumb in new users, do repairs etc.

My question is; am I within my rights to ask them for rent as it is located on my property?

I quite like the idea of getting free cable!

Attached is a classic photo, of where a developer failed to correctly obtain the correct permissions to remove a cabinet.

The cab is perfectly legally in place.

[makkax1]

I don't want to move it, I want free cable!!!! It's fine where it is - well apart from the fact I have to call for an engineer everytime they get a new customer near me. Apparently I'm too close to the box and it buggers up the signal??

You won't get free cable and you won't get any ground rent.

if there is no provision for them you could manage it but there is most likely wayleave its worth finding out though imo

[makkax1]

Originally Posted by Chris

You won't get free cable and you won't get any ground rent.

Is that a challenge?

the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

[makkax1]

Originally Posted by zing

the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

Thanks for your reply, but size 0? I don't geddit? What's being skinny got to do with it?

[SMG]

First of all, check your house deeds. They will show exactly what is & isn't on your land. Next, check to see if there is permission to put the box on your land, & that authorised people have access over your land to get to the box.

You should have written confirmation with your deeds. If however, the box is not shown on your deeds, (the land plan) & there is no permission, take it to a solicitor.

Either way, you need to know your rights.

Originally Posted by makkax1

Thanks for your reply, but size 0? I don't geddit? What's being skinny got to do with it?

Originally Posted by zing

the likelyhood they just put it there without proper permissions in place is very slim. Your only chance is if they are size 0

[Begize]

It's not unusual for companies to pay private individuals some kind of rent for things on their land. For example, the local cricket club that my brother plays for has a mobile phone mast on part of their land - I forget which companies it is - but they pay about £10K a year to the club. That arrangement was made before the mast was built and directly with the club through a solicitor.

However, in this case, it's highly likely Virgin got a wayleave agreement with the council rather than some kind of financial arrangement. I work for a utility company and the same thing applies for things like water pipes and power cables / equipment / poles that cross or are on other people's land.

You need to take this up with your solicitor and him with the council.

Zing, dont know about you, but if he gets free cable then so do I and I'm pretty sure if I get it, then you will..... and before long every poster here will want it.

To the OP, your fighting a war you most likely will not win. As previoulsy stated permission will have already been passed before you aquired the land.

Unless you like the idea of being had for theft of service, I doubt you will get free cable and to be fair, did you not question the CAB with your solicitor prior to buying the plot of land ?