Getting neighbours unused aerial copper lead-in removed

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#2586099 16-Oct-2020 05:05

It's called aerial trespass, nicely worded letter to the property owner advising them they need to re-locate it, send them an invoice for the 1st months rental of the aerial trespass which you will be happy to wave if the cable is removed from your property.

larknz

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#2586124 16-Oct-2020 07:02

See the earlier replies. The Telecommunications Act means that it is treated as if it had an easement.

andrewNZ

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#2586125 16-Oct-2020 07:07

Honestly, just forget about it. You aren't going to be able to make it happen with this owner because, it has a legal right to be there, and they might need it again one day, you won't convince him otherwise.

Don't waste your energy.

Your only hope is that the copper gets fully decommissioned, and the lead in is removed as part of it, or, loses its legal status.

halper86

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#2586132 16-Oct-2020 08:00

andrewNZ:
Your only hope is that the copper gets fully decommissioned, and the lead in is removed as part of it, or, loses its legal status.

And this won’t be very long. Since you have fibre installed you must be in a UFB area. So under the new copper withdrawal code, you lie in a designated fibre area and under this code copper can soon be decommissioned. Once everyone in your exchange area has migrated off copper services the task of decommissioning equipment and lines begins. Although the lines may not be removed, the legal protections will be. So once your area is copper free, you could most likely rip it down without permission. All other laws apply, such as property and trespass.

chevrolux

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#2586137 16-Oct-2020 08:13

nztim: All these ideas on here about removing it yourself are absolutely shocking

if the cable was there prior to 2001 it has the right to be there end of story

You need to negotiate with your neighbour to have Chorus remove it and have the appropriate records updated

Except if it comes down, it won't be put back up due it doing an aerial trespass.

robjg63

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#2586139 16-Oct-2020 08:16

halper86:
andrewNZ:
Your only hope is that the copper gets fully decommissioned, and the lead in is removed as part of it, or, loses its legal status.

And this won’t be very long. Since you have fibre installed you must be in a UFB area. So under the new copper withdrawal code, you lie in a designated fibre area and under this code copper can soon be decommissioned. Once everyone in your exchange area has migrated off copper services the task of decommissioning equipment and lines begins. Although the lines may not be removed, the legal protections will be. So once your area is copper free, you could most likely rip it down without permission. All other laws apply, such as property and trespass.

I.e. it's status just becomes an annoying and useless piece of wire unprotected by telecommunications laws?

Nothing is impossible for the man who doesn't have to do it himself - A. H. Weiler

halper86

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#2586144 16-Oct-2020 08:31

robjg63:
I.e. it's status just becomes an annoying and useless piece of wire unprotected by telecommunications laws?

That is my understanding, I may be wrong

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MikeAqua

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#2586188 16-Oct-2020 10:39

I would let this go unless you can argue it has lowered to the extent that Chorus needs to take action.

Maybe you will get lucky and it will fall down one dark and stormy night and then Chorus will remove it.

Mike

gregmcc

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#2586391 16-Oct-2020 17:01

larknz: See the earlier replies. The Telecommunications Act means that it is treated as if it had an easement.

While I agree with that,

154 Compensation

(1) Every person whose property is damaged as a result of the exercise of any of the powers under this subpart is entitled to compensation.

(2) The amount of the compensation may be agreed between the network operator and the person concerned or, failing agreement, be determined in the manner provided for by the Public Works Act 1981.

Compare: 1987 No 116 s 19

Aerial trespass is visually damaging and a good case could be made for compensation. Seen the lines are not in service and disconnected there is a very good reason for them to be removed and this would keep everyone happy.

bender

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#2586392 16-Oct-2020 17:12

gregmcc:

larknz: See the earlier replies. The Telecommunications Act means that it is treated as if it had an easement.

While I agree with that,

154 Compensation

(1) Every person whose property is damaged as a result of the exercise of any of the powers under this subpart is entitled to compensation.

The amount of the compensation may be agreed between the network operator and the person concerned or, failing agreement, be determined in the manner provided for by the Public Works Act 1981.

Compare: 1987 No 116 s 19

Aerial trespass is visually damaging and a good case could be made for compensation. Seen the lines are not in service and disconnected there is a very good reason for them to be removed and this would keep everyone happy.

This is the creative but legal ideas I was looking for thanks!

As it happens after going back to Chorus yesterday advising the owner next door refused permission but that since it’s Chorus’ cable would they please make their own decision to come and remove their cable at my cost, Chorus have today come back saying they’ll proceed with removal and I have paid their invoice. Fingers crossed it shall be gone soon...

linw

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#2586489 17-Oct-2020 08:02

Sounds like a good result. Well done!

Martin_NZ

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#2626196 24-Dec-2020 08:59

On a similar note,

I recently asked downers to remove the overhead HFC cable from my property as I'm now on Enable fibre. Once I got to speak to the correct person (Ring Downers, they'll put you through to the right area, ask for the HFC cable to be removed, they'll contact vodafone to get a work order) I had a downer tech contact me the very next day to say he was coming to remove the overhead wire. Nicely surprised how quick and easy it was.

No charge, easy to arrange.

Contrast Chorus, I also asked to have the overhead analogue "land line" removed. While chorus were quite happy to do it they advise there is a charge of $158.67 to "roll a vehicle". While it's not a huge amount, if downers will happily remove their old cable at no cost why do chorus charge to do the same thing.

Thanks

Bung

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#2626211 24-Dec-2020 09:39

I've just had fibre installed to replace naked vdsl. In our case the copper was underground but both ends would be in different places. I trenched new conduit at both ends assuming that the old copper would be used as a pull through and removed. I was surprised when the Chorus guys said that while they were happy to use the old conduit they had no brief to take out the old cable. The transitions between new conduit and old were rather ad hoc but as they said the fibre could have been direct buried anyway. I could have saved a couple of bends.

Dratsab

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#2626346 24-Dec-2020 11:55

Bung: I've just had fibre installed to replace naked vdsl. In our case the copper was underground but both ends would be in different places. I trenched new conduit at both ends assuming that the old copper would be used as a pull through and removed. I was surprised when the Chorus guys said that while they were happy to use the old conduit they had no brief to take out the old cable. The transitions between new conduit and old were rather ad hoc but as they said the fibre could have been direct buried anyway. I could have saved a couple of bends.

When Chorus strung fibre to my overhead services pole I asked them to remove the old copper lead. They refused.

Anyway, @bender - while it's cost you a bit of money it's a great result. Once the job's done, ring the owner of the property next door and thank him for changing his mind and having the cable removed. Then post back here with his reaction :-)

raytaylor

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#2626769 26-Dec-2020 01:16

I cant be bothered checking, but from memory, they can only replace a service that is like-for-like under the telco act.
There was an update which allowed them to replace an aerial lead in, or a cable under a telco easement for fiber if its replacing copper.

I would suggest doing some reading as my question would be: If they replace the lead-in, using a different path, is the original line still a protected easement?

And also it would be good to find out when it was installed and if it was installed prior to 1987.
Everyone thus far has just assumed it was pre-2001. I suspect the original easement status would have been granted by a telco act around ~1987 when telecom was sold off and 2001 was an update to that. I dont think lead ins installed after 1987 would have the same protection - it wouldnt make sense to me based on the intention of that rule of providing protection for telecom and increasing its sale value.

Ray Taylor

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