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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice.
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My neighbour currently has a telephone line to his house via

Resolved Question:

My neighbour currently has a telephone line to his house via a pole in his garden. For aesthetic purposes he wants to remove the pole from his garden and re-route the telephone line to the pole at the front of my garden then run it underground across my driveway. The two properties used to be part of one plot and when these were split a clause was put in which says "Upon giving reasonable written notice to the Transferor to enter and lay at the Transferees expense under the Retained Land the Service Installations for such of the Services as the Transferee may reasonable require for the benefit of the Property and thereafter to the free and uninterrupted passage and running of the Services from and to the Property through the Service Installations making good any damage caused in the exercise of such rights".

For clarification we would be classed as the Transferor and my neighbour would be classed as the Transferee. The Retained Land is our plot of land.

My question is: As he already has access to a phone line is it reasonable to request access across my land to re-route that line.

Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Apart from the fact that he may already have a service in place and the fact that there may be a little bit of disruption, which he has to put right, what objection do you have to this?

Is he asking for any money?
Customer: replied 2 years ago.

Hi Jo,


The neighbour seems to want to inconvenience or disrupt us at every turn. We are both building new homes and he has put balconies on his house front and back which extend 1.6m beyond the property (he does not have planning permission for this so I have contacted the local council). I did try to discuss the issue of the balconies with him but just received a very aggressive email explaining how he thought he was within his rights to "tweak" the plans at building stage and couldn't see how this was affecting my privacy. Since then he has built a 2m block wall between the two properties. This was due to be done after we had built our house to make our build easier to complete. Also four weeks ago he started digging the foundations for the office block in the rear of his garden. This blocked our access to the rear of the property (across his land but permitted by the deeds of both houses) so we cannot use the rear access to park our cars next to the caravan we are living in. Also the foundations are 1.1m deep and although he has put fencing to protect the hole, as our ground is sand, with every rain fall more of my property is falling into this hole. His wife refuses to speak to us and he will only speak if he wants something from us. My worry is, if we allow him to dig up our front drive as well we will have no access to our property to park our cars or have deliveries for our own build.

Expert:  Remus2004 replied 2 years ago.

If this went to court it could be a very expensive legal battle for whoever lost.

The neighbour is obviously entitled delay services under but not over it seems your land.

There is then the wording "as (he) may reasonably require…”

So it would come down therefore as to whether, because he already has a service, what he is asking to do is reasonable. That is where you are at as you are aware.

In view of the fact that overhead telephone lines are generally becoming a thing of the past and new planning regulations will not actually allow them, I think it highly likely that if this did go to court it would be found to be reasonable. It would be different if there were dozens of other wires passing over your land and his land and then it may not be reasonable but if this is the only overhead cable, I do not think you are good ground to oppose what he wants to do.

He is however under a duty to cause as little damage and disruption as possible and to reinstate everything after the work is being done to the extent where it would virtually be impossible to know that the works have been carried out.

If you agree to this even reluctantly I strongly suggest that you get a full scope of work, details of whoever is going to do the work, a copy of their insurance policy in case something goes wrong, and a fixed timescale within which the work will be started and finished.

Can I clarify anything for you?

Customer: replied 2 years ago.



Although overground services are a thing of the past our electricity also comes in overhead, but he had this routed across our drive before we bought the plot.


I think the answer to this is to install the trunking for the wire ourselves (he has said he already has the trunking) and then we have control over when and how long the job takes.


Many thanks once again for an excellent answer.

Expert:  Remus2004 replied 2 years ago.
Installing the trunking yourself does put you in control although you will obviously have to recover the costs from him.

Good luck with this.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69266
Experience: Over 5 years in practice.
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