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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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We have a telephone line that crosses the front of our property

Resolved Question:

We have a telephone line that crosses the front of our property to supply our neighbour which lies across the driveway and right in front of our property.The line is continually falling down due to trees disrupting the line during windy conditions.There is a newly installed fibre optic box on the corner of their property which sensibly should be used.We were informed by a BT engineer that this could be rectified if we made a complaint to BT.We would like to know our legal rights.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you want the line removed?
Customer: replied 2 years ago.
Yes as it is a nuisance and can sometimes prove to be a hazard which engineers are having to deal with it and our driveway becomes obstructed.
Expert:  Remus2004 replied 2 years ago.
Sorry for the delay.
Unless the wire has been there for 20 years or more or there is an easement or way leave agreement in the deeds to your house allowing this wire to go through your airspace, this is trespass.
Although as you have been told if you make a strong complaint to BT they should move the wire, the legal situation is that if you take them to court (subject to what I said with regard to 20 years, the easement or the way leave) you can get an injunction to make them remove the trespass from your land. The trespass applies even though it goes through the air over the land and does not actually touch the land. It would be different if the wire served your property but from what you have said, it does not.
If BT are reluctant to move the wire, a solicitors letter threatening court application for an injunction and legal costs will usually make them move it. The fact that they may or may not be able to use the facility nearby is not relevant as to whether they are allowed to have this wire cross your land.
Can I clarify anything for you?
Jo
Remus2004 and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi
We have been in the property over 30 years and the line was in place when we bought the house.Our property was originally built in 1958 on an open land plot,the neighbour's property was built in the late 30s.I presume that the line was in situ before our property was built although I am by no means sure of that.
Regards
David

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