on 15-02-2022 13:22
Purchased a property 18 months ago, had survey done and found that the brown virgin media box was on our land. Since buying we have landscaped the front of our property. Today vm have come to link someones house up and have dug up all my landscaped area to get to a box underground. They have now left a muddy patch. Do I have to accept this, can I ask them to move the box off my land. The owners before us were the church and there has never been any vm at our property but we are the first house in the road. The man who was digging said it hadn't been opened for years so I guess its not going to be regular however I would expect them to leave it in a better state as I have paid for landscaping. Could I get some advise please
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on 17-02-2022 23:01
Check if there is a current Easement or Wayleave agreement in place. The differences are noted below. Without an Easement or Wayleave agreement Virgin Media have no rights to access private property.
An Easement only requires a one-off payment to secure permanent access whereas a Wayleave is usually a temporary agreement. Landowners can request for a previously agreed Wayleave to be renegotiated or changed to an Easement agreement but not the reverse.
A Wayleave agreement is usually an annual thing. It’s a personal contract between the provider/utility and the land owner. This means it’s not permanent and can be terminated by giving notice. That being said, the notice can be up to a year.
Only when/if a Statuary or Necessary Wayleave has been granted, which allows a provider the right to access land and install their equipment without the concurrence of the landowner, can it be enforced in perpetuity.
https://www.land-search-online.co.uk/information/obtain-copy-wayleave-agreement/
Wayleave agreements must be disclosed to the Land Registry on application for a change of registration and copies can be obtained, if there are any, by obtaining a Conveyancing Deeds Search. In order to ascertain if such a document is available from the Land Registry you should look at your Title Register to see if the wayleave is referred to, which would normally be the case. At the foot of the paragraph referring to it will be a note that it has been copied (if it has), which means that a copy is available for purchase.
on 18-02-2022 11:20
Hello @kturbill,
Welcome, thanks for posting.
I am sorry to see that this has happened.
Can you please confirm if you have our services at the moment? Is this for someone in your street who has signed up to us?
Many thanks,
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on 19-02-2022 11:52
Thank you for getting in touch. No we don't have your service it was a rented property up the road that wanted VM. I did contact someone at VM asking for some assistance. They are looking to see if there is a way leave and he has promised to get someone over to clean things up, so hopefully we are on our way to getting this all sorted.
on 19-02-2022 14:53
You'd be well advised not to leave it to them. Since you're not a customer they'll do what's best for Virgin Media, not for you. And they'll come back again and dig it up again when they want. You need to speak to your solicitor.
on 19-02-2022 16:26
Is it on your land, or is it on a service strip?
on 20-02-2022 14:18
When we moved in to the property it was very run down and the front of the property was totally overgrown. We had a GPS boundary survey done to check what land was ours and this section was our land. So we landscaped it and put in a new driveway, grassed it all. There is a green box above ground and we just thought if they needed access they would just open the box, we had no idea there was also a pit until they were digging up the ground. To be honest if it had just been the box we wouldn't have bothered but we spent many man hours and lots of money landscaping it and for them just to come along and do this was really disappointing.
on 20-02-2022 14:31
And until you set the rules they will consider it their right to come back and dig it up again whenever they wish.
on 20-02-2022 16:44
@kturbill wrote:When we moved in to the property it was very run down and the front of the property was totally overgrown. We had a GPS boundary survey done to check what land was ours and this section was our land. So we landscaped it and put in a new driveway, grassed it all. There is a green box above ground and we just thought if they needed access they would just open the box, we had no idea there was also a pit until they were digging up the ground. To be honest if it had just been the box we wouldn't have bothered but we spent many man hours and lots of money landscaping it and for them just to come along and do this was really disappointing.
where is the green box above ground - is that also on 'your' land - if so i think your survey lied or lets say got it wrong - cabinets are not on private property so if thats positioned on the green strip then it certainly looks like an access strip
that said to leave it in the state they did is not on
on 20-02-2022 17:32
The photo doesn't show a cabinet, so it looks like that is not on the OP's land. The access pit is on his land
on 20-02-2022 18:06
In my old area there was an area like this, the gardens were communal when Telewest built the network, after some time they then sectioned off the gardens and made them individual.
The customers had to leave the boxes available for access and simply put a nice plantpot on