Right of neighbour over my land

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20 Feb 2018 21:44 by TandA Star rating. 39 posts Send private message

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I recently and reluctantly gave into repeated pleas by my elderly neighbour to allow him to lay his telecommunication cable across my property.  since then he has given me sufficient reason to want to withdraw this facility . I have given him 8 weeks notice in writing asking him to make alternative arrangement.  He now says this gives him recourse to the law, am I in the wrong? Nothing was ever agreed in writing .

 





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20 Feb 2018 22:52 by windtalker Star rating. 1397 posts Send private message

So what you are trying to say ..in plain English is you have fell out with your neighbor and you want to get back at them by cutting his telephone off ..





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21 Feb 2018 00:36 by TandA Star rating. 39 posts Send private message

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There is no intention of "getting back at him" the cable has been an inconvenience and an eyesore which  he promised to properly bury but never did. His recent behaviour has led me to wish to no longer cooperate with him. I am looking for informed advice about this situation.





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21 Feb 2018 10:09 by Kavanagh Star rating in Oil Drum Lane Newcas.... 299 posts Send private message

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** EDITED - Against forum rules **

 


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21 Feb 2018 19:21 by TandA Star rating. 39 posts Send private message

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I'm not looking for comments, I'm looking for informed legal advice as this site normally provides. I want to know if my neighbour has any sort of rights that I would violate if I terminated the facility.





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21 Feb 2018 19:37 by windtalker Star rating. 1397 posts Send private message

Whatever the case maybe ..you must get the company that installed the cable to remove it ...you cannot terminate the cable yourself .As far as I am concerned all disputes are fixable ..even pig headed ones.





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21 Feb 2018 20:12 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Its probably wise to take some informed legal advice before agreeing to let someone place goods or services on your land.

Taking it after you have given permission is maybe the wrong way round?

I would guess the service company told the neighbour it would cost a lot more money to go round the property, so suggested to them it could be cheaper to make this arrangement.   It looks a little like you fell for it!

Its not unheard of for exposed cables to get damaged, then you could refuse a repair and ask for it to be removed.  Could be cheaper than a lawyer?

Thats the height of legal advice from me anyway!!



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21 Feb 2018 23:00 by TandA Star rating. 39 posts Send private message

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thank you all - the cable was actually installed by the neighbour - not by any service provider





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22 Feb 2018 00:44 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Easy then....tell him to shift it, you changed your mind.   



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22 Feb 2018 10:35 by mariadecastro Star rating in Algeciras (Cadiz). 9094 posts Send private message

Legal Questions? Speak to Maria Direct

He has of course no rights unless you allow him expressly, less if you are suffering inconveniences.

Letter, better by a lawyer, should suffice

Good luck

M



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22 Feb 2018 11:09 by eos_moderators Star rating in España. 164 posts Send private message

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22 Feb 2018 12:21 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Mods   

I dont see anything more than mildly strong language and dont see anything really poorly advised in the posts.

I dont fully understand express permission, and the poster has said there was nothing in writing.

Why give 8 weeks notice. it does seem like a strange dispute to me too.  To save falling out with a neighbour in a big way, the advice of talking to them and telling them you want to take the offending cable away seems like good advice.  Others are alternatives at varying heights of applying pressure.  

If the poster wants a magic wand, its not going to be found in here I guess.



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12 Jul 2018 15:09 by amogles Star rating in El Campello (holiday.... 167 posts Send private message

 

I am somewhat perplexed at the concept of a neeighbour laying his own telephone cable. Normally the telephone company come and lays a cable right up to the first junction box in your house. Everything up to that box is the utility's property and technically you cannot touch it. I cannot imagine them asking a customer to do that themselves. The whole things sounds fishy to me. I would approach telefonica, or whoever the provide ris, and ask them if they even know about it.

 

 





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