On 23/01/2014 22:44, Mike Barnes wrote:
Tim Lamb wrote:
In message , Mike Barnes
writes
Dave Liquorice wrote:
On Thu, 23 Jan 2014 16:57:27 +0000, Mike Barnes wrote:

The pole was replaced about 15 years ago. BT didn't ask us whether
they
could put that stay there, they just went and did it. They could be
forgiven for assuming that that land was part of the public
highway, but
it isn't.

Are you 100% sure that your boundary is the edge of the road? Looking
at the GV I'd assume that the boundary is the face of the wall/gate
pillar, that appears to align with the hedge row, leaving a verge
along the road.

Not 100%, no, but I don't know how you'd determine that with complete
accuracy and reliability. FWIW the cobbles you see at bottom left are
continuous all the way across the front of the property, and well
behind the wall - but they're not ancient.

The usual assumption by BT is that the verge is part of the highway and
hence not private land. When we bought the land here, one of my most
rewarding activities was to extract a *one off* payment from their
wayleaves dept. for buried cables, stays and poles.

As discussed, they won't pay if the pole only serves your dwelling and
will argue strenuously that the placing is highway land.

One of the reasons for contemplating a DIY solution is to avoid opening
that particular can of worms.

Where a stretch of verge in my ownership was disputed, I was able to
seek help from the *Land Charges* dept. of my County Council for a fee
of £35.00.

FYI contact point... BT Wayleave Scanning Office, Post Point 110N,
Communications House, Harlescott Lane, Shrewsbury, SY1 3AQ

Thanks for the information - kept. I'll be getting a contractor in
shortly and he has bags of experience and might be able to contribute
something as well. This thread has helped prepare me - thanks to all.

You would be very foolish to interfere with the stay, or get anyone else
to, without BT's written agreement. They have much deeper pockets than
you do!



--
Peter Crosland