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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 13865
Experience:  Barrister 17 years experience
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Telephone Co. (Trooli) has just run a cable between pole and

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Telephone Co. (Trooli) has just run a cable between pole and my neighbour's house. Cable runs across my property at window height and around 5 feet from window. I came in to find technician had just installed cable. He told me I didn't own the air above my house and could do nothing about it.
Please help
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  The first thing you need to realise is that the technician is wrong in asserting that you don't own the airspace above your house.  In point of law, you do own the airspace above your property and you have the right to object to a cable run between the pole and your neighbour's house.  So, you should make your objection to the telephone company, Trooli who are inserting the cable, as you have the right to object.  They ought to have sought your permission before they inserted the cable.

2.  If you require clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Buachaill and other Law Specialists are ready to help you
Customer: replied 9 days ago.
This is what Trooli say:As an accredited installer with Openreach, we are permitted to attach equipment on their telegraph poles, and the legislation in place allows us to install and maintain cables over land in the vicinity of the poles providing they are at least 3m above the ground. These details can be found in Schedule 2, Paragraph 10 of the Telecommunications Act 1984 – Power to fly line.https://www.legislation.gov.uk/ukpga/1984/12/schedule/2/enactedPower to fly lines10(1)Subject to paragraph 3 above and the following provisions of this code, where any telecommunication apparatus is kept installed on or over any land for the purposes of the operator's system, the operator shall, for the statutory purposes, have the right to install and keep installed lines which—(a)pass over other land adjacent to or in the vicinity of the land on or over which that apparatus is so kept;(b)are connected to that apparatus ; and(c)are not at any point in the course of passing over the other land less than 3 metres above the ground or within 2 metres of any building over which they pass.
3. In Schedule 2, Article 2, the agreement of the occupier of land is required to allow Openreach or Trooli the right to execute works.  Here, Trooli don't have your agreemen to execute the works.  These provisions which Trooli have quoted to you don't deal with all aspects of the situation.  They still require your permission, as occupier, to execute the works.  If you look at Schedule 2 in the link quoted, Article 2, you will see the agreement of the occupier is necessary so as to be able to carry out the works.  These other provisions are merely enabling and don't confer an automatic right to carry you the works.

3.  ".. to carry out the works."

Customer: replied 9 days ago.
Thank You. I'll contact you tomorrow.
4. OK.