I would like to know if it would be permissible for me to prevent a telecoms provider coming on to my property to service and replace cables. My house was built in 1970 and at that time Cablelink were effectively the monopoly provider of multichannel TV. Their solution to cable our housing estate involved running the cables along the front of each house above ground-floor level, daisy-chaining from one house to the next.
Over the years, they have replaced these cables and added various boxes and widgets. That perhaps did not seem odd when almost every house, including ours, was using their services. However, it now seems odd to permit entry into my front garden and to allow the retention of somewhat unsightly cables and paraphernalia on my house when I am not a user myself and I don’t know if any of my immediate neighbours are either. Would I be within my rights to direct the telecoms provider in question to remove the cables?
I suppose that I might not have room to say no, but it does seem odd that a utility provider that I do not use can put cabling on the face of my house.
Also, if I am getting work done on my house and there is damage to the cables, could I be deemed responsible? There is one location where the cables running between houses has put a height limit (about 2m) on bringing items to the back garden. So, there is a real scenario that ladders and such coming through as part of maintaining my property could collide with this infrastructure. It is certainly of no benefit to me that these cables are there placing a height restriction.
Can a telecoms provider install cables in my garden – even though I’m not their customer?
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Telecommunications providers may have legal rights to install and maintain cable infrastructure on private property based on historic wayleave agreements; these are agreements made for the continued access to maintain any services that runs through lands you do not own.
Wayleave agreements are typically agreements that can be renewed or terminated by either party. In this instance the provider you refer to would be given the right to maintain and service cables, with an annual payment to the local authority or management company, as the case may be. To determine whether a valid wayleave agreement exists, you should request a copy of any agreement that the provider may have relating to your property. It would then be advisable to consult a solicitor who can assess the situation and provide appropriate legal guidance.
Section 4(1)(g) of the Planning and Development Acts 2000-2012 grants exemptions for statutory undertakers (which includes authorised telecom operators) to inspect, repair, renew, alter or remove cables or other apparatus without planning permission provided that the works are necessary for maintenance or operational purposes.
The provider could also argue that they and their predecessors, have maintained and used the cable infrastructure on your property, openly, without objection and without explicit permission for over 20 years, and as such they may claim a prescriptive easement to continue maintaining the cables.
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If you accidentally damaged the provider‘s infrastructure, liability would generally hinge on whether the cables were clearly marked and whether you took reasonable care. Typically, a wayleave agreement would involve an obligation on the property owner to not knowingly damage the apparatus and must give written notice (generally six months) if planning any work that could negatively affect it. Such agreement would not prevent the owner from altering or redeveloping the property but would necessitate notifying the operator if the work may affect the apparatus.
It is probable that the provider has sufficient legal basis for the continuance of their infrastructure on your property. But it would be reasonable to request the adjustment or removal of the cabling that is placing the two-metre height restriction on entry to your back garden.
Patrick O’Connor is a solicitor at P O’Connor & Son
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