High-speed broadband has finally reached our rural part of the country - Hooray!
But you can't have it. - Boo!
Why? Because I live in an isolated farmhouse (I am not a farmer) at the end of a quarter-mile lane, and Openreach will not use its powers to force the lane owner to allow ducting to be installed so that I can have high-speed broadband.
A few years back the owner of the lane was moving a large piece of farming equipment along the lane and caught a redundant overhead phone cable breaking the pole carrying the copper telephone line to my house. I was left for 10 months with a patched cable attached to a stick. I suffered for 10 months with a dodgy line connection and intermittent internet. Eventually, Openreach got around to installing the replacement pole. When I spoke to some of the engineers they told me that the job could have been finished months ago but the lane owner would not permit them to access his property. This, according to two different Openreach engineers, happened on two occasions.
While working in the garden one day, the farmer approached me and said, “I see you got the pole replaced.” I replied that refusing Openreach access to his property did not help. He said he didn’t stop the engineers, to which I said somebody is telling me lies either him or Openreach and I’m not happy about it. He wandered off, mumbling something about me calling him a liar.
Moving forward two years broadband providers came knocking at my door as high-speed has eventually reached us. The first was Fibrus; the engineer surveyed the lane and returned with a plan for the placement of poles. “I’m sorry but you will have to see Mr C. as he owns the lane up to where that tree is and I own the rest up to the house”, I said. The engineer got Mr C’s address from me and went to see him, returning 15 minutes later with a sad-looking face. Mr C is getting retribution; he will not allow poles to be erected on his lane and refuses to let ducting be put underground. I then asked Plusnet and they arranged for Openreach to carry out the survey but came back with the same reply.
I considered paying for the ducting along the lane until I read Project Spectrum, the 'improve broadband in rural areas scheme', pays for the fibre installation. Openreach never offered to replace the underground SWA copper that runs to the first pole (the replacement one) I don’t know if they would have the right to substitute the overhead copper from there to my house.
I had my solicitor check the easement on the lane and they say there is no provision in the deed to allow anything besides right of way and that is it.
I have had a look at Openreach wayleaves and I found the following:-
Source: https://www.openreach.com/help-and-support/obtaining-wayleaves
Openreach Wayleaves
What if I don’t want to sign the wayleave?
Please talk to us about your concerns and seek legal advice if necessary. We do have some legal powers under the Electronics Communication Code that mean we can gain consent via the court to install apparatus on your land. But we don’t want to use these unless we absolutely have to, and we will make best endeavours to explore all alternative options available to us.
No matter if Mr C has or does not have an Openreach wayleave, from the statement above it would appear that Openreach can go to court, if necessary, to have their apparatus installed where they want.
My question is, how do I get Openreach to stand by its statement above to take Mr C to court if necessary, or at least threaten him with court action?
