Use of property to route cables

XJR

Can anyone tell me what rights a company has to route their cables across your property?

I've owned a terraced house for about 10 years and there has always been cabling running along the eaves of the property and on to the next house.

I now want to force the company whose cabling it is to remove it. Can I do this or do they have a right to use my property to route their cables?

haz

XJR wrote:

Can anyone tell me what rights a company has to route their cables across your property?

My neighbour had something similar recently when Eircom wanted to erect a pole in her garden. They did have some right to do so as a State entity until they were privatised, but now (according to the advice she received) they can't even cross your airspace without permission. So I guess ESB, Bord Gais, sewerage and water can still cross private property. Isn't Shell currently erecting survey stations and security huts on private property without the landowner's consent?

Getting it removed if it is already in place is more difficult - isn't there an easement after some passage of time?

ladylorenzo

Constitutional Issue. If it is a public body and the erection of such Pylons etc are necessary in the interest of the common good, then the body is entitled to erect such pylons etc in a manner that is reasonable(ie they have no other reasonable option open to them but to erect same on your property). They must, however, compensate you in respect thereof. As they are pre-existing, it is unlikely that you will be able to have them removed unless you can make the case that they are adversely affecting your life / the enjoyment of your property in a manner that is disproportionate to the cables being routed in such a way in the interest of the common good.

jhegarty

Might we be talking about a cable tv company ?

seamus

Since you originally agreed to allow them to route the cables (either through telling them, or "inheriting" the agreement by buying the house), I very much doubt that you can demand that the company remove the cables.

I would imagine it falls under the same legislation as your neighbour building on a boundary wall (or even building part of their house on your land). Once it's in place, you generally can't revoke your permission and have them remove it.

Are you having an argument with your neighbour or something?

dermot_sheehan

The question is whether the TV company acquired an easement over your property (right to lay cables). An easement is a property right other then possession. It can be acquired by express grant (for example your ancestor in title may have granted the TV company or it's ancestor's in title the right to lay the cables), check your deeds or the land registry for this. The easment may also have been compulsorarily acquired, ESB Networks has this power. An easement may also have been acquired by prescription, that is use over a long period of years.

XJR

seamus wrote:

Are you having an argument with your neighbour or something?

No problem with the neighbour and yes it's a TV copmpany. They provided such a poor service that I've moved to another provider. Since they show such disregard for me as a customer I don't see why I should facilitate them in any way.

kbell

Similar debate over here..

http://www.boards.ie/vbulletin/showthread.php?t=2055104503

UrbanFox

We have NTL who were preceded by Cablelink who were preceded by RTE Relays.

My father as owner of the house signed a wayleave all those years ago to allow the cable to be placed across the house. It was irrevocable and probably binds all successors in title to the house. In other words you could buy a second-hand house and be bound by the previous owner's agreement with NTL.

My father tried to alter the wayleave by inserting a paragraph requiring RTE Relays to pay a fee of one penny a year. This would have given him the right to withdraw the permission for their cable. They refused to agree to it.

Mind you after all these years one would wonder if NTL could produce the original wayleave document if I decided to take a hatchet to the cable and make them prove that they have any right to string their cable !!

Victor

haz wrote:

Getting it removed if it is already in place is more difficult - isn't there an easement after some passage of time?

20 years under the time immemorial rule.

seamus wrote:

I would imagine it falls under the same legislation as your neighbour building on a boundary wall (or even building part of their house on your land). Once it's in place, you generally can't revoke your permission and have them remove it.

You are entitled to build on a boundary wall (assuming no problems with planning permission, rights of light etc.), but yes its harder to undo what is done.