Garden Law - ESB access...HELP

englander

In November we noticed a 12ftx3ft bush was dying in our front garden. On investigation it had been sawn off very near the roots.

This bush is in front of an ESB junction box (about 5 ft high + 5 ft wide) which is in our front garden. This bush nicely screened off the big metallic ESB box.

I contacted ESB Networks to ask whether they had chopped the bush. I got no straight answer despite about 10 phone calls and many emails.

I contacted ELCOM the alleged 'regulator' for ESB and explained the situation which obviously prompted a response from ESB saying that it was them that chopped the bush and apologised for not informing us but that they had every right to clear a path to the box.

There were some inaccuracies in their letter saying that they

1. Removed the bush after chopping it down - they didn't, its still in situ and very dead.
2. They use a common driveway to get to the bush - incorrect, we own the driveway
3. They tried to contact us when they received my first complaint - utter rubbish.
4. They have every right to chop anything down in front of the box ?

Today I get a letter from ELCOM saying that as far as they are concerned that is the end of it. ESB have apologised for lack of communication so that’s that - end of story!

I am now bloody livid after getting both their letters.

What legal right do they have to come onto my property and destroy a mature bush without informing the owners of the land and the bush ?

Can we legally insist that they tell us before entering our property to get to the ESB box ?

We are going to put up a gate to block off our driveway (that they referred to as the common driveway!). Can they prevent us putting up a gate that can be locked ?

What if we plant another tree/bush to screen off the box - I don’t want them to destroy another tree/bush.

Is it worth going down the legal route with this ? Do I have a leg to stand on in getting what I want ?

What I want is a guarantee that none of our plants trees or bushes will be damaged again. And secondly I would like the 20 year old bush that they have destroyed removing and replacing.

Any advice please ?

hadook

The esb decided to replace a pole in our garden about 2 months ago totally on their own initiative. They'd never even sent an engineer out to look at the pole to see if it needed to be replaced (it turns out that it doesn't). They parked their JCB on my lawn - they'd let themselves in - and then called us. They kinda had to call us at that point though - I had left our dogs (A german shepard, a great dane x, a wolfhound x and an old english sheepdog) running loose in the garden & the dogs were barking like mad at them.

There are 4 signs on our gate saying "Be aware - dogs running loose" "Dogs running free" "Close the gate" etc and the gate was bolted shut. And its not like I have small dogs!!

They didn't call, write or advise us they'd be there - just opened the gates and drove in. And apparantly the ESB do can what they want when they want.

kenmc

do you have a chain saw???? you could cut it down and claim that you thought it was a very dead tree cos it has no branches on it (and sure god love you aren't you terrible blind these days since you lost those glasses??!??!)

rooferPete

Hi englander,

I may be wrong but I think under the old law when the ESB was wiring the country they got an exemption that allows them to cross private property to gain access to their installation.

I think the idea was that all of the farmers in the country did not qualify for compensation and the ESB could run the cables by the shortest possible route.

I can understand your anger at the zero communication or even guidelines regarding the box and how you could disguise it so the electricians safety wasn't compromised.

I expect as a nation we have to be thankfull they can and do gain access to any part of the network that is faulty in all weathers and actually work 24 / 7 so we can have electricity.

As a homeowner I do understand where you are coming from, in fact how both you and hadook have been treated by a lack of common courtesy.

shabbyroad

I recall clauses in the purchase contract when we bought our house that means we have to give the ESB access. *However* I would take legal advice as in my completely amateur opinion (which is worth what you're paying for it.. nothing) criminal damage has taken place and I'll bet that it's not as simple as the ESB being able to come onto your property and do as they please.

LegacyUser

Five months ago I came home and the door of my meter box was lying on the ground - meter fully exposed. Making it really obvious that nobody is home.

ESB guy reading meter had reefed the door off the hinges. They told me they would fix it - but still haven't. Each month the guy comes out the leaves the door on the ground. I am seriously considering contacting my solicitor becuase they broke it - they should fix it. If they can send their money collector out to read the meter, they can bloody well repair the damage the little **** causes on peoples property.

ESB - lazy ****!