Now unserviceable

[Juliet4827]

I have been with virgin for 15 years my cable was placed from a neighbouring property across the road with all permissions given.  A new neighbour moved in sometime ago and wants the cable off his property.  Virgin are saying  as my house is in the corner down a pathway that my property is now unserviceable and they will confirm this shortly.  Customer service keep sending technicians with a spade as don’t seem to understand it’s a concrete car park.  Virgin media complaints not responding to me.  Advice please I work from home and have all my services with virgin.  

[jpeg1]

The previous owner of the house cannot bind any succeeding owner in this context.

Do you have a legal reference for that statement, or is it just your opinion?

If a wayleave is recorded in the Land Registry then it is binding on future owners. That's what it's there for, and a conveyancing solictor should find it in the usual searches.

Of course, VM is the least efficient company known to mankind, and may not have registered the wayleave.  In which case there is nothing binding on the purchaser.

I would have thought it was worth the OP's £3 to check the other property's registration to find out.

[Juliet4827]

Thanks for the info it really helps.  The neighbour is also a VM customer and is changing supplier 

 this is a picture of where it leaves his property and goes round the private car park.  VM have offered to bury it but he has refused.  He wants on it gone from his property and the fence it goes round although outside his property he wants it moved.  His reason he states is because he wants it removed.  Tried land registry search and it’s £35 to get the info

[Juliet4827]

It’s £35 to find this info through land registry 

[Sephiroth]

Save yourself the £35.  Nothing in LR for my house, for example.  Or Roger Gooner's?

[jpeg1]

I'm sorry to hear that Juliet . Something must have changed because wayleaves used to be shown on the first page.

[Juliet4827]

It’s just a bit expensive £3 fine I would do it.  I cannot wait to see if he will cut it as work from home.  I only wish VM were a bit more responsive their customer service dept is poor

[jpeg1]

They only ask for the wayleave to cross a third party's land. So if the OP's cable only crosses an existing customer's land they won't have needed it. 

[Vinegar]

Although this is all an interesting legal argument, does it actually matter in this case? Let’s imagine that there is a legal Wayleave agreement in place, or, more likely, an ‘Easement’, but the neighbour decides to cut the cable and dump it anyway, where does that leave Juliet?

Well, up a creek without a proverbial paddle, that’s where; with no service at all. And in this case, does anyone seriously think that VM’s legal department will spring into action, obtain a Court order within hours and have a crack team on site to repair it within a day? Or more likely will it just vanish into the general morass of VM’s systems never to see the light of day?

The legality of what the neighbour is proposing to do is irrelevant, if they do carry out their threat then Juliet is basically cut off, yes? So what I would suggest is that you work on the basis that this threat is real and quite probably will come to pass - and if it does then really don’t expect VM to do anything about it in the short term (well, other than continue to bill you each month; but on the other hand, you would be entitled to compensation for complete loss of service which would almost certainly be more than you are paying each month anyway; you’ll just have to wait a while to get it)!

So take the initiative, what alternative suppliers do you have? Would a 5G modem connection do, on a monthly rolling basis?

[Juliet4827]

That’s really useful.  He has reiterated his threat and started stripping off the green casing.  I can’t wait for virgin media to sort this I need to review all my options 

[Sephiroth]

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@Roger_Gooner wrote:

Seph,

<SNIP>

Para 10 states: "This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the code)."

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That's right, Roger.  The agreement between the previous owner and VM.  Any agreement made under these terms with an owning householder cannot continue when ownership of the house changes.  It can't bind a future non-party to the agreement.

Maybe that's not the agreement used to dig across your garden and/or fix a brown box to your wall.