Denying access to cable for neighbours

[EatsShitAndLeaves]

So I got a letter in the post from Virgin Media who are in our locality.

They want me to give permission to lay cable down my drive to access the houses behind.

I live in an old farmhouse with a big front/back garden- before we moved in after the "field" at the back was sold and 3 houses built on it.

They have access to their property via my drive - but I own the drive.

I've done a very shitty picture to illustrate...R is road, G is garden and D is Drive. My house is the rectangle.

It's not to scale. The drive is very long and we spent a lot of money block paving it when we moved in.

I'm not at all keen on this being ripped up and botched reinstated.

As we are on the Main Street we would get access to Virgin services regardless. Allowing the work gains us nothing - apart from stress and hassle.

However if I deny the work then my neighbours can't take this service.

AIBU to refuse access?

If they have to go to court they won't get their costs unless you have been totally unreasonable in saying No. It probably won't be worth their while to apply.

So still not heard anything back from Virgin.

DH and I discussed last night and our plan ATM is simply to do nothing.

From our POV we've responded to their request by asking for plans and a site visit. So the ball is in their court as it were.

If they do get their act together we will download a copy of the deeds to see where we stand and then we will speak to the neighbours to check if a) they want this b) understand the ramifications to them in terms of access whilst the work is being done c) raise the issue of approval over their shared drive. In the case of the latter if they all don't agree to point c - my granting access is moot.

So it's just a waiting game for now.

Thanks everyone for their input!

If you do go ahead at some point I would want the contract completely redrafted not just amended.

Virgin have no rights to access private property without your consent. You'll need to grant them a wayleave, which will then give them rights for maintenance etc. Personally, I'd say no - and I'm in the business.

Keira if we get to that point our plan will involve appointing a solicitor defiantly.

FWIW my advice is this:

1. If they want access over your land, they are going to have to make sure that they pay you for it. Think of it as rental. It needs to be enough to make the disruption to your life worthwhile.
2. They need to pay for a surveyor, of your choosing, to represent your interests. You should not be out of pocket at all over this, so they should also pay for a solicitor you instruct.
3. You should specify that they install the cable in a duct that allows them easy access from outside your boundary, so that the drive never has to be dug up again.
4. They should promise to reinstate your drive exactly as it was, if not better. They should pay in to a bond sufficient funds to pay for a new drive for you, at least as good as the one you have now, in the event that there are problems with it (eg it is impossible to hide the join, or it sinks after the work is done.).They get this back after 10 years when your surveyor has signed it all off.
5. If they are not prepared to agree to this, tell them no.

Would never ever allow this. Your driveway will be destroyed. If not now, then in several years after it sinks/heaves. They will not use a reliable company, only their own local cheap rate contractor they have an agreement with. Which by the time you try and get any recompense, will no longer be trading. I say this from experience and the state of my parent's driveway after a collapse several years after cable was installed.

Personally, I would say no if only because they are messing up people's property. Do it for society.

Virgin will not fix their behaviour until people start refusing to allow them on their property due to the bad word of mouth. They simply don't care enough about the little people whose driveways etc they have ruined to be bothered.

Every person who says "You cannot use my property because your company destroys driveways etc and then thumbs its nose at them" will make them be bothered a bit more.

With that said, think of the neighbours - their right of way might render them able/willing to offer permission anyway, you'll have to look into that. Also if good internet access is important for them for work or something that might be a reason to do it. Being unkind would be a bad thing.

How nasty and selfish you are! If the work drive will be put back as it was then why should you say no??

I've had the same letter from VM, slightly different scenario, 4 houses, 1 wants the cable, one might, the other two (including me) definitely not. We have a shared driveway, and no way do I want to have to fork out to renew the driveway earlier than necessary, as it undoubtedly would.
Am also miffed with VM as the "access agreement" is actually a way leave, gives them considerable rights, but they brush over it. If I wasn't the geek who reads small print, I might have overlooked the bit where I need to ask them for permission for any works in future!!!
So, no, I don't think you are being unreasonable.
Shame for my neighbour who wants the cable, but because of the lay of the land, I think that if VM used a different route, they could get to his house, but they are only interested in a situation that means all 4 properties are signed up, so a) they won't accommodate him and b) I am made to feel guilty.

Thing you are of course entitled to your opinion but I assure you I am not deliberately being selfish.

That's why I started this thread to ask for opinions and experiences and rang Virgin to get more information.

Being "selfish" I'd just dismiss it out of hand.

I don't think I'm being unreasonable in wanting to find out what's involved or by gaining assurance that expensive works would be properly reinstated.

TBH I think Sommerville may have nailed the crux of it. It may well be the neighbours can totally insist on this wrt the deeds and of course I'll honour that.

Have you seen the state of pavements after cable have been to install ? They leave pavements looking awful.
I highly doubt that your drive will be returned to how it is now. Plus In the future they might have to dig it up again.

If it was me I'd decline op.

I would go and see a solicitor before any neighbours approach you. This sounds like an utter mine field both during the works with the drive not being put back correctly and any additional works needed in the future. I hope your neighbours pay something towards this drive that they are allowed use of! Sounds expensive to me!... Good Luck!

We had a cable laid up our drive (not by vm though) and after a few months it had sunk and you could see where the trench had been dug. Just say no. It's not selfish to not want your driveway destroyed.

The neighbours can get broadband via satellite or their phone cable.

I would definitely be saying no. There is no benefit to you by having this done and it may cause an issue if and when you decide to sell your property. It is up to Virgin to find a solution if the neighbours want to have access to their services. They are trying to find, for them what is the cheapest solution by laying the cable through your land.

Every time there's a cable fault they'll need to dig up your drive! Where are the other utilities located? The cables can easily be laid with gas and electric.

Say nothing to the neighbours, and no to virgin - they're not he only provider! Or you are properly compensated for the mess, and noise and get the original builders back to relay at their expense

If you do allow, then you'll need a contract that they will be responsible for defects of workmanship and materials and guarantee the reinstatement works for at least 3 years.

If your neighbours are that desperate and want the TV and the broadband, can't they use Sky?

You're not denying them access to all possibilities

"Old phrase when addressing postcards to a shared house from years ago. This place surely isnt much different;?"

@Justaboy - 'contents' is not a form of address I have ever seen used to a shared house or anywhere else. I can only assume it was an in-joke between you and the occupants of the shared house.

If you need a mass noun for the members of MN, can I suggest the time-honoured Mumsnetters. Or just 'members', if Mumsnetters is too long formyou.

They've got a brass neck asking without offering you a wad upfront. I agreed to having a wire put under my garden on a previous property and that was just soil (grass that was unlovely and vegetable plot) They offered me enough money to make it worth it (a four figure sum which I got them to double) I cannot begin to describe the mess though. I put in writing that they had to properly clean off the turf so it could be returfed and separate the subsoil from the topsoil so that I could grow veges as before. I might as well have been writing my letter to a gold fish. My Dad did a fair job of putting it right and a year later it looked OK but unless they offer you a serious wad of cash as well as putting in writing that they will make good to a satisfactory level after. I wouldn't consider it. To ask without a cash compensation is taking the piss IMHO

"How nasty and selfish you are! If the work drive will be put back as it was then why should you say no??"

@Thingamajiggy - given that several people on here have shared their experience of Virgin Media failing to put back drives and pavements as they were before the work started, I think it is pretty reasonable for the OP to be worried about letting them dig up her drive. Calling her nasty and selfish is rude and uncalled-for.

You had an enquiry from Virgin, not from the neighbours, so who's really asking for this...ignore.

I think thing has lost the plot up there ^

Say not. Your neighbours can get sky instead.