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Trespass?

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  • 06-07-2011 8:00pm
    #1
    BrenIam
    Closed Accounts Posts: 1 ✭


    Contractor on behalf of cable television provider has dug up part of my driveway without my permission although they have reinstated the surface. I came home from holiday to this. Is there protection available under the law? What steps might I take? No prior approach was made to me. This is the second incident of this nature with this company i.e. entry onto the property to conduct works without prior agreement from me.
    Tagged:


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    #2
    source
    Registered Users Posts: 5,273 ✭✭✭source


    BrenIam wrote: »
    Contractor on behalf of cable television provider has dug up part of my driveway without my permission although they have reinstated the surface. I came home from holiday to this. Is there protection available under the law? What steps might I take? No prior approach was made to me. This is the second incident of this nature with this company i.e. entry onto the property to conduct works without prior agreement from me.

    If you are a customer, check your contracts terms and conditions. You will find that by signing it, you gave them permission to enter your premises in order to carry out works to their equipment as deemed necessary.

    Paragraph 5.2 here for example. Other services will have similar conditions.
    5.2 In order to perform our obligations under this Agreement and in consideration of the
    Services provided to you, you hereby grant us such licence in respect of your land,
    buildings and premises (“your land”) as is necessary for us (including our employees and
    authorised representatives) to provide the Services to you and our other customers,
    including but not limited to, from time to time, upon giving you reasonable notice (save in
    any emergency) to enter those parts of your land to install, maintain, adjust, repair,
    replace, renew, upgrade, inspect or remove, and to keep installed and to operate at or
    on your land, Equipment and/or telecommunications apparatus. You will at your own
    expense provide or procure whatever further rights over your land we require from any
    landlord and/or successor in title and/or any other person with an interest in your land
    whose consent is legally required to enable us to exercise the rights over land granted
    pursuant to this paragraph and you will enter into any necessary additional
    documentation to give effect to the grant of such rights. Each party shall at all times
    comply with all reasonable instructions of the other party or any third party in relation to
    the exercise of any rights over your land obtained in accordance with this paragraph.


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    #3
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Trespass is actionable without proof of damage. It might be a long battle to go the legal route. Some people have managed to get damages out of the companies. Others have got concessions.


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    #4
    source
    Registered Users Posts: 5,273 ✭✭✭source


    bath handle wrote: »
    Trespass is actionable without proof of damage. It might be a long battle to go the legal route. Some people have managed to get damages out of the companies. Others have got concessions.

    Trespass is only trespass when the person doing the "trespassing" has no legal authority to be there.

    As I pointed out, if the op is a customer of the cable television company (UPC in my example), he has given permission to the company to enter his property, simply by being their customer and agreeing to their terms and conditions.


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    #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    foinse wrote: »
    Trespass is only trespass when the person doing the "trespassing" has no legal authority to be there.

    As I pointed out, if the op is a customer of the cable television company (UPC in my example), he has given permission to the company to enter his property, simply by being their customer and agreeing to their terms and conditions.

    But does it allow them to dig up his land, damage his property and replace it?


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    #6
    source
    Registered Users Posts: 5,273 ✭✭✭source


    Seanbeag1 wrote: »
    But does it allow them to dig up his land, damage his property and replace it?

    in the paragraph I quoted
    to enter those parts of your land to install, maintain, adjust, repair,
    replace, renew, upgrade, inspect or remove, and to keep installed and to operate at or
    on your land,

    If the cable was buried underground, and the only way to maintain, adjust, repair, replace, renew, upgrade, inspect or remove it is to dig it up, then yes it would appear that it would allow them to dig up his drive so long as they resurface it, as the op said they did.

    It also says
    you hereby grant us such licence in respect of your land,
    buildings and premises (“your land”) as is necessary for us (including our employees and
    authorised representatives) to provide the Services to you and our other customers,

    My reading is that they are being given permission to do whatever necessary in order to provide the service, by the customer when accepting the terms and conditions.


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