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Brown box installed without permission

Hello there.

We are not Virgin Customers but imagine our surprise when we came home with our two young sons today to find a brown box drilled onto our wall just under their bedroom window and a cable running badly infilled through our front garden to the street. I was absolutely livid. No permission had been sought or given and until I'd searched online today I'd never heard of "wayleave"- not that it's relevant as virgin had never asked.

On calling the firm it turns out the neighbour above is looking to take virgin services. We are on the ground floor and the neighbours above. We are both main door with our own gardens. I've been fobbed off with "get the neighbours to contact virgin" because of GDPR and having no account with the firm ourselves. I absolutely would not accept this and I'm told I'll be contacted with regard to the complaint.

I'm angry on a number of points; land registry (Scotland) shows the garden is ours- not the neighbours so is this trespass? I don't want an ugly box on my front wall and some bloke has installed this peering through my kids window potentially. Also, following my rudimentary research if we damage the cable then we're liable by all accounts. I'd like to improve the garden this summer.

Where do we stand? I never gave any permission, I've never heard of wayleave and never seen such a form let alone sign one. It's a grave invasion of my rights and property. How do I get this removed and where do I stand legally? I absolutely do not wish to be liable for something I did not request or given permission for.

Any info/advice on this matter gratefully received!

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Re: Brown box installed without permission

You need to speak to a solicitor.

***********************************************************************************************************************************

Mike Robinson
Aircraft Engineer & Computer Based Training and Learning Designer for many of the world's Military Arms.


My Broadband Ping - 26_Aug_2020
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Re: Brown box installed without permission

  • Mike- is this something you've heard about before? You've been on the site a while. I'll give the firm a chance to respond but I'll consider a legal route if needs be. I'm absolutely seething!
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Re: Brown box installed without permission


@Speckledtangeri wrote:
  • Mike- is this something you've heard about before? You've been on the site a while. I'll give the firm a chance to respond but I'll consider a legal route if needs be. I'm absolutely seething!

The staff here can only pass on messages and the number of times customers have complained that promised return phone calls / emails haven't happened is probably in the very high 90s% wise.

So don't hold your breath.

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Mike Robinson
Aircraft Engineer & Computer Based Training and Learning Designer for many of the world's Military Arms.


My Broadband Ping - 26_Aug_2020
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Re: Brown box installed without permission

VM needs to get a wayleave and of course you're upset that they didn't. But it's a good thing to sign for neighbourly relations. I disagree that the box is ugly, millions have them without a problem.

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Re: Brown box installed without permission

Neighbours can come and go but the property will be tied to Virgins way-leave.

Imagine if in the future you wanted to build an extension or redesign your garden, and YOU may end up having to pay Virgin to move the cable. Not on.

Send a recorded letter to Virgin Media stating that they have had no agreeement to lay the cable and they have 14 days to remove it and any ancilliary equipment, and make good any damages to your property.

 




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Re: Brown box installed without permission

From your description of the premises is it leasehold? I believe this would be the case unless the neighbours upstairs are renting from you. If it is a leasehold property then it’s the freeholder who has control over VM cables and it’s them who would give the wayleave to VM. If you are the freeholder your next stop is a solicitor. 


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Re: Brown box installed without permission

In the first post the OP made reference to checking some details with the Land Registry (Scotland).

Scotland historically had its own form of property tenure called ‘feuhold’. This was previously the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism.

However, legislation passed by the Scottish parliament, including the Abolition of Feudal Tenure (Scotland) Act 2000, and the Tenements (Scotland) Act 2004, effectively brought feuhold to an end.

Now nearly all property is held under a tenure known as ‘Outright or Absolute Ownership’, including apartments and tenements. This is comparable to ‘Freehold’.

In addition to the above, the Long Leases (Scotland) Act 2012 automatically converted remaining long leases over 175 years to outright ownership. There are still a few cases where leasehold properties remain in Scotland but are few and far between.

Obviously if the OP is not resident in Scotland the above information will not apply.




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