Forum Discussion

Ccol30's avatar
Ccol30
Just joined
23 hours ago

Removal of main feeder box

I was wondering if anyone else had successfully had the main box removed from their garden? It has been in my garden since before I bought my house 16 years ago. I have asked for the box to be removed to no avail. Now with the upgrades I’ve had 11 men from both virgin and the upgrade company call to my door over the last two months requesting access to the box (which they buried under my shed years ago without my permission while I was away on holidays..gaining access to my back garden by climbing over my side gate). They have falsely claimed that I’ve signed forms giving them permission to access the box, they have been seen on my ring bell going down the side entrance to my house, they have been caught sitting in the van waiting until myself and my husband have left to then knock on my door. They refuse to give me any internet/tv stations as a courtesy for having the box in my garden and yet expect me to leave it there. It feeds 72 houses as they have shown me this on their phone. Does anyone have any advice on what I should do? I am planning on doing building work down the end of my garden and I will have to move the box if they don’t. Thank you! 

13 Replies

  • jpeg1's avatar
    jpeg1
    Alessandro Volta
    17 hours ago

    Telecomms Act Code powers

    https://www.ofcom.org.uk/phones-and-broadband/telecoms-infrastructure/electronic-comm-code

    • -tony-'s avatar
      -tony-
      Alessandro Volta
      16 hours ago

      a flood might happen when we get the thunderstorms or some concrete could find its way in if you do your building work - or get a big dog that has a loathing for all things VM - the possibillities are varied and endless - its your garden they have to access even if they think its their box - some fun to be had if you are that way inclined 

      as to your side gate - spikes on the top or a good coating of vasaline and some irritant 

    • Anonymous's avatar
      Anonymous
      17 hours ago

      Fine , yes. tell me what part of that allows the situation that the OP is describing?

  • Ccol30's avatar
    Ccol30
    Just joined
    20 hours ago

    My housing estate was built in a field belonging to a school so I can only assume the school had given them permission originally. I was rushing my earlier post so didn’t get to finish, they need access to the box to upgrade their works but also need to dig up my rockery and move my shed to gain access. Out of the 11 people who knocked on my door, 9 of them have said that this system can not be upgraded without access to the box and I am well within my rights to demand tv and internet services, it also means that they can have access to my garden whenever they need to though. They should have been back to me weeks ago however I’ve still heard nothing. 

    • jbrennand's avatar
      jbrennand
      Very Insightful Person
      19 hours ago

      If they have a signed wayleave document in place historically - notwithstanding the valid comments above ... then there is very little you can do to get the box moved - it will cost them thousands of pounds to do that - for no apparent benefit to to any of their customers - so why should they if there is no legal requirement?

      Sounds as if you are half angling to get a free/discounted VM package out of this - if that is so - then that is a completely different game/process you will be entering into.

      So can you be clear what ...is the outcome you actually want - and then we may be able to help on that

      • -tony-'s avatar
        -tony-
        Alessandro Volta
        18 hours ago

        as an armchair lawyer i dont think a wayleave survives a house sale unless its a document a solicitor has and is included in the deed papers or shown on the land registry - its an agreement between 2 parties at a point in time and ceses on change of ownership

        now those with better knowledge than me can shout me down

        but speculation like - there may have been a wayleave in place is nonsence - if there is then VM who demand such things to be signed should be able to produce it - they or one of the companies that the took over should have that legal document - if they have not then there is no agreement whatever they say - they cannot use that argument imo

        so if it exists let VM produce it - its not for you to produce it to help them prove their case - why should you

        threaten them with trespass not that the police will do anything 

        you say the land was a school then i assume on council land - speak to them they may have records - whoever put it there would have needed permission and that could only come from the council if it was council land - but as said you are likely to have to go legal - VM will browbeat you are try to convince you they have permission even if they do not

         

    • Anonymous's avatar
      Anonymous
      19 hours ago

      OK look, you’ll need to pony up and engage a solicitor for this. The problem with consulting a forum is that you get a lot of 'armchair lawyers' wading in, giving advice which is, say, somewhat dubious.

      For example "There may have been a wayleave in place before you bought the property?  Can you check the deeds and land registry?"

      Legally a ‘wayleave' is an agreement between two parties (individuals) and generally ends when the land is sold, and as such is not recorded in any land registry or deeds.

      See the legal difference between a ‘wayleave’ and an ‘easement’; it is quite significant!

      At the risk of breaking my own advice, I’d say you should refuse access to any VM engineers or contractors, threaten to call the Police if they do come onto your property, (say they are committing criminal damage). But, please, please do consult a solicitor ASAP.

       

  • jpeg1's avatar
    jpeg1
    Alessandro Volta
    22 hours ago

    Unfortunately you are going to have to live with this box, as VM are not going to move it. It may be marked on the deeds of the house and/or recorded at the Land Registry - you should check. 

    But in any case, it will be protected under the Telecommunications Acts as an essential part of national infrastructure. 

    • Anonymous's avatar
      Anonymous
      19 hours ago

      "But in any case, it will be protected under the Telecommunications Acts as an essential part of national infrastructure."

      Err no. I find it difficult to think that any Court will regard a ‘box’ which supplies, at most 72 houses with the ability to watch ‘cat videos’ as being an ‘essential part of national infrastructure’.

      • jpeg1's avatar
        jpeg1
        Alessandro Volta
        17 hours ago

        You'll find that a telecomms supplier licensed by OFCOM under the Telecommunications Act has quite a lot of powers to protect their system. 

        If VM comes along and fits something new on your land without permission, by all means rip it out and chuck in in a bin.  But disrupting a long established distribution hub is a very different matter.  

        https://www.ofcom.org.uk/phones-and-broadband/telecoms-infrastructure/electronic-comm-code

         

  • Adduxi's avatar
    Adduxi
    Very Insightful Person
    22 hours ago

    There may have been a wayleave in place before you bought the property?  Can you check the deeds and land registry?  It all seems very strange that they buried it under your shed?

    (Post moved here, as VM don't frequent the Chatter section as often)

    • Ccol30's avatar
      Ccol30
      Just joined
      20 hours ago

      Sorry I should have been more clear, they had buried it at the end of my garden and I had my shed moved a few years ago so it is now under the shed. They need access to the box now to complete the upgrades however will need to dig up the box and my rockery in order to complete these works so I don’t want the box here anymore.