BT Telegraph Pole Issues

[Neeko99]

Hi, I have a problem with a BT Telegraph Pole on my land... Due to the circles that BT have sent me around I have established that there is no Wayleave agreement in place for this apparatus. It is also worth noting that we do not have any BT provisions to our property - we use mobile phones and mobile broadband for internet, so no land line whatsoever, however, the lines on the pole do service a couple of other properties on our street. I don't have an issue with the siting of the pole in terms of aesthetics, however, it being in its current position is preventing me from undertaking essential maintenance of our property. We live in an old Windmill and the tower needs a new cap. I wont bore with the detail but the property is listed/protected and therefore alterations have to be undertaken in the correct way. In order to replace/maintain the cap we will need crane access to the property. Due to the property's location this can only be achieved from the road adjacent to the front of our property. However, the telegraph pole in its current location prevents the crane from being able function (it can't lift due to the wires stretching from a pole on the opposite side of the road, to "our" pole and then back again/off down the street)... Like I say I don't have a problem with the pole being there for any other reason other than it is preventing my access for essential maintenance. I have contacted BT on multiple occasions, however, they just want me to sign a Wayleave agreement - which I am reluctant to do in case this means that I am making things worse/more difficult for me... They also say that, even though a Wayleave does not exist that the pole is legally sited and in order to re-locate the pole I need to pay £380 for a site visit to assess the re-location options and then I would need pay additional re-location costs, which could be anywhere over £4k (the £4k+ is only a verbally indication given to me over the phone). I am not requesting it is moved permanently (although this would make sense so the problem is eradicated in the future), I just need access. I am also not debating whether its legally sited either, again I just need access. I can’t be clearer enough with BT that I am not bothered about re-location, I just want to access my property for essential maintenance - they can put it back when my job is finished as far as I care. I cant understand how they can legally prevent this/hold me to ransom in such a way. Also how is it fair that I am forced to pay whatever price they decide just in order to undertake essential repairs my property. How does this sit with anti-competition law for example!? I am feeling very trapped and held to ransom at the moment - I cant fix my property and I don't have the funds to pay even a small amount for the pole (never mind writing an open cheque to BT) on top of my maintenance costs ... Please can someone offer some advice?

[des8]

On what basis do BT claim the pole is positioned legally on your property without a wayleave in place?

I would be telling them to remove it within X number of days or you will apply for an injunction to stop the trespass, and an order that they pay your costs

similar situation: https://legalbeagles.info/forums/for...tion-form-16-a

[Cinderella66]

Sounds as though you need to escalate to someone who can make a decision. I find the complaints procedure followed by the appropriate ombudsman can be a good starting point, providing you are not in a hurry. Or your MP? Local councillor? How about your local newspaper?