To think workmen can’t come onto private land without telling you or getting permission?

[Gerano]

diagram attached!

a few weeks ago some men with diggers and other equipment came into the private courtyard and dug it up over the course of 2 days.

They left all the equipment behind over the long weekend and then came back and did more for a day then eventually left with their equipment. When I asked what they were doing on the first day they said it was to do with fibre optics and that they’d be finished the same day (obviously this wasn’t the case) and we weren’t able to get our cars in and out for the first two days we were there, meaning we had to cancel some plans (luckily I wasn’t working that week and dp works from home) so that was annoying.

The courtyard looked a right mess after they’d gone as well, where they’d (badly) filled in what they’d dug up. Anyway they’re back today digging it up again! Apparently the first lot had (in one of the men’s words) ‘made a mess of it’ so even they are acknowledging that. No one told us in advance that they’d be here or what they were doing. The courtyard is jointly owned by us and three of the other houses. Are they allowed to do the work and prevent our access without even warning us or getting our permission? No one I’ve tried to speak to out there either knows or is willing to talk about it with me, except for one man who told me they had got permission to close the public road outside the driveway (that was only closed for the first two days) but that they didn’t need permission on private property. Is this right?

Check your deeds, as they may contain reservations for access for service media to allow this- basically meaning all of you and your neighbours have the right to dig up certain bits of the land to tend to services.
Presumably one if your neighbours has instructed them?

Apparently the boss is going to be here soon and will speak to me. What should I say? I’ve done a quick google and found something about ‘wayleave’ agreements but not sure if that applies in this situation?

@Boomboomboomboom no it’s none of the neighbours. Apparently the council instructed Gigaclear who sent these guys from Obelisk. I don’t know who any of these are (apart from the council obviously)

Most utilities have legal access to their equipment. It will probably say something in your deeds if your courtyard is private and not highway in some way.
This might be helpful
www.gov.uk/government/collections/street-works

Telecoms (including digital) have right of wayleaves. Effectively they are allowed to dig up roads etc without applying for permission in order to service, maintain or improve their network.

But they should have informed you beforehand. I'm sure there's a time frame.

The proper legal wording will be covered under rights of wayleaves.

If the boss is arriving, tell him you're annoyed you've effectively been stuck at home as your access has been blocked. Ask for a programme of works too and in the case of any future works, to give you and your neighbours adequate notice.

Within the Council you might need to speak with a Highways Inspector of if they have one a NRASWA Officer (see above legislation) They can certainly insist on the quality of the reinstatement.

@ThorsBedazzler and @Beamur Ok that’s great, thank you. I will say they need to give us notice so we can at least get our cars out first in future!

Who owns the courtyard? If I understand correctly, this is an entirely new connection Gigaclear is installing and not just repairing/upgrading an existing cable. Gigaclear should have asked the landowners to sign a Network Access Agreement before it started digging on private land. You need to check what your title deeds say about the courtyard. It could be that you only have a right to use it rather than actually owning it.

The wayleave agreement should be with your deeds, it will likely say they will give X notice unless in an emergency. It will give them the right to install, maintain and repair their equipment.