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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14046
Experience:  I have been practising for 30 years.
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I have a telegraph pole which was sited on my plot of land

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I have a telegraph pole which was sited on my plot of land when the house was built 60years ago. I have recently changed the layout of my front garden to accommodate a motorhome I have bought. It is now a double drive. However the [pole is right in the middle which is impedeing my access to the drive. I have paid nearly £300 for a surveyor to tell me the pole can be moved but I would need to agree to pay, his rough estimate was in excess of £5000. I can send a photo of the situation but wold really appreciate some advice on where I stand with the original siting of the pole in the middle of a plot rather than 4 feet to the left where it would be manageable JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: I have made a complaint to openreach and Wayleaves but that is all JA: Where is the land located? Customer: Langley *** KT18 6JB JA: Anything else you want the lawyer to know before I connect you? Customer: I dont think so I have not done this before

Good afternoon. I will assist with your question - be aware this is an email not chat service and therefore i maybe delayed in replying.

im not sure what you are asking here?

can you get pole moved without permission or that you can pay openreach to move it?

Customer: replied 1 month ago.
I am asking if I can legally get them to move it at no additional cost to me as it was placed in a position that now inhibits my access to my property

They seem to pull a figure out of midair although the last time I looked at one of these, about 12 months ago, they only wanted GBP4000. Still, not really a bargain!

I’m afraid that if the pole has been in situ for more than 20 years, even if there is no way leave agreement, then you are stuck with it because the electricity or BT or whoever has the poll has acquired an easement by prescription for it to remain in the same place.

Can you get them to move it for free?

The short answer I’m afraid is no.

What you can do a course is complain to the regulator that the fee to move the pole is not reasonable. I can tell you now that moving poles like this is not a simple job even if they would allow you to do yourself (which they won’t) because it requires a lot of excavation and specialist machinery to manhandle the pole into place.

And sorry, I know it’s not the answer you wanted.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 1 month ago.
I have been charged a membership fee of £40 for this service! I do not have any other queries and do not wish to be a member. How do I get this money refunded