Wayleave - does anyone have experience?

[ShiningGonnaShine]

Hi,

We're in the process of getting a wayleave for some equipment (one and a half boxes, a pole and associated cabling) on our land from open reach. Just wondering if anyone has any experience of this? We don't want to agree to it if we could perhaps fight for more money. They are currently adamant that the wayleave amounts are fixed and non-negotiable but it's obviously in their interest to say that!

Anyone?

Your wording is a bit odd. You grant them a wayleave..and can just say no if you don't want to.

Anyway, I don't know if you can get more money, just wanted to remind you to inform to your mortgage provider and insurer, before agreeing.

Sorry about my odd wording, I don't know much about all of this stuff!

Basically the house we bought a few years ago has existing BT equipment on the land. We asked them to move it but they said no (and because it's been there since before 2017,when some rules changed, we can't make them move it) so they're giving us some money. We just don't want to get shafted and agree to the money they've offered if there's a way to make them give us more. It feels odd that it's them that's setting the goal posts, when it's our land they're squatting on! We approached a solicitor but they wanted a fee to evaluate the case (which we don't have) and we also have done as much research as we can but we aren't getting very far, hence asking for any valuable mumsnet experience.

Oh bad luck OP. Basically, a previous owner granted Openreach a wayleave (probably without thinking through all the possible pitfalls) and now you're stuck with it.

Does your house insurance have any legal cover you could use to ask about this?

When I was approached (quite aggressively) by a cable tv company for one, I asked my mortgage providers legal department about it and they basically said I needed to get legal advice and then get their permission first...so obviously I just said no to the wayleave request. I was told all my neighbours had just signed it.

Sorry I can't help with the money question, but you have my sympathy.

We get a cheque for £1.17 a year.. not worth taking it to the bank!

Not open reach but a water company here but it’s generally pennies per year for utilities companies.

Why do you think this has anything to do with a previous owner? @Willdoitlater.

We had an electricity pole on our land and I contacted SSE they drew up a contract and sent us a cheque each year I think it was £30 for the pole only. And they could backdate it up to 7 years I think
We had to agree they could come onto the land and carry out repairs if necessary and if trees were growing too close they had the right to cut or trim then etc

I'm not sure about the legalities of you having the right to ask them to move it and it sounds like it will be expensive of you have to go through solicitors.you don't have to agree to a wayleave btw.
Have they said how much you'll get each year?
I'm pretty sure the rates are fixed.

Don't go through a third party as they will take a cut and it's so easy to just do yourself.

And the amount depends on what equipment you have on your land
It's not negotiable as far as I am aware

I just did a Google though and see there are compulsory wayleaves...

@Horehound I was inferring from the fact that the equipment in already in situ, that a wayleave must have been granted at the time it was installed prior to the OP moving in. Otherwise the equipment is there without permission. Unless, as you say, it could be a compulsory one.