Telephone poles put up without permission

tomben15

I have discovered that a telephone pole was erected in my garden without my permission. I do not have a land telephone and have never requested the telephone pole. The pole was put into my garden for my neighbour's use. Two newly built detached houses have the use of the telephone line without the imposition of the pole.

Anyone had this experience and how can I get the pole removed.

nhunter100

tomben15 wrote:

I have discovered that a telephone pole was erected in my garden without my permission. I do not have a land telephone and have never requested the telephone pole. The pole was put into my garden for my neighbour's use. Two newly built detached houses have the use of the telephone line without the imposition of the pole.

Ring Eircom/ or who ever installed it and give them a choice either they remove the pole or you cut it down and bill them for same.

listermint

tomben15 wrote: »

I have discovered that a telephone pole was erected in my garden without my permission. I do not have a land telephone and have never requested the telephone pole. The pole was put into my garden for my neighbour's use. Two newly built detached houses have the use of the telephone line without the imposition of the pole.

Anyone had this experience and how can I get the pole removed.

Erm....

First of all where you not like there when people were digging up your garden at all?

Secondly sounds like you purchased a home where a deal was struck with previous home owner to allow installation of a pole to facilitate forwarding the line on.

Which is it.because there is very different answers to both

Samuel T. Cogley

Last time I was having this discussion the person very politely informed me of her position within the law society of Ireland. Absolutely lovely woman but I'll not make the mistake of thinking I know what the legal situation is with utilities again. All I'll say is wayleaves, easements etc. and speak to a solicitor.

Delacent

nhunter100 wrote: »

Ring Eircom/ or who ever installed it and give them a choice either they remove the pole or you cut it down and bill them for same.

Yeah, that's the attitude. Then find yourself with quite a large bill.

The utter stupidity of some posts is quite amazing.

tomben15

No, I was not there when it was put up and I have owned the house for many years, long before the two houses were built.

jimmycrackcorm

Prior to the enactment of the Communications Regulation Act in 2002, the company had compulsory way leave rights on private land. Now it can only place new telephone poles on private land with the express permission of the landowner.

I'd suggest getting your solicitor to contact Eir.

tomben15

thanks for that.

nhunter100

Delacent wrote:

The utter stupidity of some posts is quite amazing.

A utility company cannot put a pole on private property without permission. Nothing got to with stupidity just a fact my friend.

Samuel T. Cogley

nhunter100 wrote: »

A utility company cannot put a pole on private property without permission. Nothing got to with stupidity just a fact my friend.

I'd be interested in the considered legal basis for that opinion. Fair enough if not but I think it might be unwise to simply suggest cutting it down without expanding on the point.

Jack the Stripper

The pole is your property now since it's in your property.

nhunter100

Samuel T. Cogley wrote:

I'd be interested in the considered legal basis for that opinion. Fair enough if not but I think it might be unwise to simply suggest cutting it down without expanding on the point.

Simple would you like to name any company in Ireland that has the right to erect a utility pole on private property without primission? I await your response.

Samuel T. Cogley

nhunter100 wrote: »

Simple would you like to name any company in Ireland that has the right to erect a utility pole on private property without primission? I await your response.

Easements, Wayleaves...

Do you think the aviation authority asks your permission before establishing a flight path?

I'm entirely content in the possibility that you know way more about this than I do. The issue I have is it looks very much like you don't. That's fair enough also, but I wasn't the one advising the OP they could cut down a telephone pole.

So I ask again, your legal basis is?

GT_TDI_150

Jack the Stripper wrote: »

The pole is your property now since it's in your property.

Crikey.

Must start claiming the cars people are parking on my drive way as my property... i see a bussiness opportunity here.

nhunter100

Samuel T. Cogley wrote:

Do you think the aviation authority asks your permission before establishing a flight path?

Cool so you are suggesting a flight path is similar to a phone company putting a fixed pole in a person's garden. Love the nonsense, care to expand? Should be fun.

Jack the Stripper

GT_TDI_150 wrote: »

Crikey.

Must start claiming the cars people are parking on my drive way as my property... i see a bussiness opportunity here.

Cars are not a permanent object. The pole is since a 1/5 of it is buried in the property.

Samuel T. Cogley

nhunter100 wrote: »

Cool so you are suggesting a flight path is similar to a phone company putting a fixed pole in a person's garden. Love the nonsense, care to expand? Should be fun.

Okay so looks like you've absolutely no idea what you're talking about. Fair enough it's boards, guilty of it myself from time to time. A word of advice though, when you're giving advice perhaps make sure you're not testing your own wee opinions at the expense of others.

I asked you a simple question, and I asked first. What is your legal basis for suggesting the OP can simply cut down the pole? You're either going to answer or you're not. I'm entirely ready to admit your magnificence in regard to your telephone pole knowledge. My cursory research didn't yeild any clear answers, hence my question.

nhunter100

Samuel T. Cogley wrote:

Okay so looks like you've absolutely no idea what you're talking about. Fair enough it's boards, guilty of it myself from time to time. A word of advice though, when you're giving advice perhaps make sure you're not testing your own wee opinions at the expense of others.

Actually I refer you to comment 2 on this thread. Best to read a thread before making a fool of oneself.

nhunter100

Samuel T. Cogley wrote:

I asked you a simple question, and I asked first. What is your legal basis for suggesting the OP can simply cut down the pole? You're either going to answer or you're not. I'm entirely ready to admit your magnificence in regard to your telephone pole knowledge. My cursory research didn't yeild any clear answers, hence my question.

Hey its not my fault you're an idiot and couldn't be bothered beyond cursory research.

Jack the Stripper

nhunter100 wrote: »

Hey its not my fault you're an idiot and couldn't be bothered beyond cursory research.

Link?

Samuel T. Cogley

nhunter100 wrote: »

Hey its not my fault you're an idiot and couldn't be bothered beyond cursory research.

I think we're done here.

OP I'm assume you're not a complete thick so don't need to be told this but consult a solicitor before doing anything. AFAIK poles can be moved but you have to pay for the surveyors fee and the move, obviously not fair in your case and I'm fully willing to admit you may have other options.

Out of interest have you contacted Eir directly to see what their position is?

nhunter100

Jack the Stripper wrote:

Link?

You need someone to provide a link that you are an idiot? lol

Samuel T. Cogley

nhunter100 wrote: »

You need someone to provide a link that you are an idiot? lol

Someone was backing you up with a relatively funny joke and it sailed completely over your head didn't it? :pac:

Jack the Stripper

Some one has too much beer tonite.

nhunter100

Eir is a private company and has no right to place a phone pole on private property without permission of the owner. I say this because I was in this position and my response was irrelevant but Eircom had no choice but respect my position.

stevek93

Careful now.

Samuel T. Cogley

nhunter100 wrote: »

Eir is a private company and has no right to place a phone pole on private property without permission of the owner. I say this because I was in this position and my response was irrelevant but Eircom had no choice but respect my position.

Many Thanks for that, good to hear someone was in a similar position and has some knowledge of it. I'm not entirely sure it justifies your initial post but again, I'm more than willing to stand corrected.

You'll see from even an idiots cursory research there are quite a few threads on various forums which don't really paint a clear picture.

Samuel T. Cogley

stevek93 wrote: »

Careful now.

I'd say down with that sort of thing but I think that's very much the issue.

nhunter100

Samuel T. Cogley wrote:

You'll see from even an idiots cursory research there are quite a few threads on various forums which don't really paint a clear picture.

Eir is a private company they have no right to place a pole on your property without your primission , you have three options you either offer Eir the option to move their pole off your site or you cut it down of course the 3rd option is you agree to a mutual beneficial option.

Jack the Stripper

Samuel T. Cogley wrote: »

Many Thanks for that, good to hear someone was in a similar position and has some knowledge of it. I'm not entirely sure it justifies your initial post but again, I'm more than willing to stand corrected.

You'll see from even an idiots cursory research there are quite a few threads on various forums which don't really paint a clear picture.

Why are you thanking a poster that called you all an idiot?

Samuel T. Cogley

Jack the Stripper wrote: »

Why are you thanking a poster that called you all an idiot?

Perhaps I am in idiot in this regard. What matters is the OP's question is answered accurately.