Can Chorus install fibre to neighbor's house without my consent

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430 posts

Ultimate Geek

#2061090 23-Jul-2018 16:02

Wheelbarrow01:

I'm not sure what you mean - an MDU by definition is a single building with multiple dwellings in that one building - so there is usually no distance between units (ie shared walls). A Right Of Way scenario could have several dwellings all spread out on a single plot of land - either under a cross lease or unit title (or even fee simple if all the dwellings/units are owned by one entity).

I am unaware of any maximum distance between dwellings or units in a Right Of Way scenario on an underlying plot of land, but there is a maximum distance from the network on the road before the installation is considered to be non-standard, which is possibly why a quote is required in your scenario?

In Chorus' case, I believe the maximum distance from the network on the street for a standard installation is 200 metres which is pretty generous. Some other LFCs consider that anything over 15 metres from the road is a non-standard property.

Awesome thanks for clearing my misconception of the terminology.

Well this situation is pretty unique as there is a priority line on the property that services a school and there are 15 dwellings between 100-500 meters away from the school.

I have been trying to order fibre without much luck, after much persistence with my telco I have finally gotten in contact with a Solutions Consulting Coordinator. They have informed me that it is possible to connect from the school and currently waiting for the quote. Any idea on the chances of requesting it be completed for a minimal fee rather than an exorbitant one?

Louis2099

13 posts

Geek

#2061121 23-Jul-2018 16:49

Coil:

Storm in a teacup of the week award goes to this thread.

Seriously, I am sure we can all appreciate the fact you may have some 30CM by 10CM patches of dirt in your lawn for a week and chorus techs running around for a day and the horrors that may bring to your life. The bigger picture needs to be looked at, Sure you may run into a few fibres if you were to put a pool into your front garden or what not but other than that the impact is minimal. Then again people can be precious and be startled at the smallest of changes; like my old neighbor who was a lovely 90 year old lady who didn't want the rotten half broken boundary fence to be replaced. She didn't really have a reason but it had just always been like that. We convinced her it will be better and at the end of it she was stoked with the new straight fence. Be like our fence lady, open to change and be happy with the fruits it brings. In your case crappy copper to fast fibre..

Apart from some over justified principal behind declining this fibre install all you are doing is disadvantaging yourself and your neighbor. I hope what ever maybe nagging your to be a stick in the mud quits soon.

I'm trying to find out what the alternatives are, what I'm legally entitled to. Surely people should have a say in what's going to be done on their property.

I appreciate that people provide answers to my original question, what are the pros and cons on trenching and microtrench, and etc. You, however, I suggest you read the whole story, and leave your domestic issue at home!

sbiddle

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#2061158 23-Jul-2018 18:51

Louis2099:

I'm trying to find out what the alternatives are, what I'm legally entitled to. Surely people should have a say in what's going to be done on their property.

While I appreciate your situation to be completely honest I now can't help but feel that you're the type of person that has meant the law change was required.

If your property is a lease hold then it's not just your property, it is also owned jointly by the neighbour. They have rights as well when it comes to both properties.

As mentioned above I also don't understand why you're not taking this as an opportunity to have UFB installed while it is free, because it's most likely going to mean they'll simply have to come back in the future and dig your lawn up.

quickymart

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#2061207 23-Jul-2018 19:33

I would take the plunge and get fibre too, while the install is free, because it won't be forever.

Louis2099

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#2061212 23-Jul-2018 19:40

sbiddle:

Louis2099:

I'm trying to find out what the alternatives are, what I'm legally entitled to. Surely people should have a say in what's going to be done on their property.

While I appreciate your situation to be completely honest I now can't help but feel that you're the type of person that has meant the law change was required.

If your property is a lease hold then it's not just your property, it is also owned jointly by the neighbour. They have rights as well when it comes to both properties.

As mentioned above I also don't understand why you're not taking this as an opportunity to have UFB installed while it is free, because it's most likely going to mean they'll simply have to come back in the future and dig your lawn up.

I appreciated your answer in terms of how you see this situation earlier. I'm sorry I didn't satisfy your curiosity and am not going to.

I have my reason not to have fibre at my property.

MadEngineer

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#2061235 23-Jul-2018 19:49

That just reads as, I’m not getting fibre so why should my neighbours. P.S., get off my lawn! Have you chatted to your neighbour about the install?

The rest of the population would take the opportunity to get fibre installed at their own place to save having contractors return for a repeat job.

You're not on Atlantis anymore, Duncan Idaho.

Louis2099

13 posts

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#2061244 23-Jul-2018 19:56

MadEngineer: That just reads as, I’m not getting fibre so why should my neighbours.

.

Wrong

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Trade NZ and US shares and funds with Sharesies (affiliate link).

sbiddle

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#2061247 23-Jul-2018 19:59

The problem here is without you providing any further information it merely looks like you're trying to prevent an install simply because you don't want your lawn dug on a probable cross lease situation. The law was changed to prevent exactly this sort of scenario being able to happen, so unless you're willing to negotiate I'm not sure you're going to have much luck preventing Chorus from legally proceeding with the install.

Whether you want to take things further and legally stop them and clearly annoy your neighbour in the process of obviously up to you.

Louis2099

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Geek

#2061255 23-Jul-2018 20:11

sbiddle:

The problem here is without you providing any further information it merely looks like you're trying to prevent an install simply because you don't want your lawn dug on a probable cross lease situation. The law was changed to prevent exactly this sort of scenario being able to happen, so unless you're willing to negotiate I'm not sure you're going to have much luck preventing Chorus from legally proceeding with the install.

Whether you want to take things further and legally stop them and clearly annoy your neighbour in the process of obviously up to you.

You are right. I don't want my lawn dug up because I have plans in mind to develop this area, putting concrete or paving stones, but I don't have a actual plans just yet to show them.

I'm willing to negotiate, but I doubt Chorus are. I have suggested micro-trenching the driveway (it's not in a perfect condition anyway), and it was going nowhere

quickymart

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#2061260 23-Jul-2018 20:16

What's the timeframe for your plans? Next week? Next month? Next year? Unless you've got something drawn up until then it's just a dream, that could happen anytime.

sbiddle

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#2061264 23-Jul-2018 20:22

Louis2099:

sbiddle:

The problem here is without you providing any further information it merely looks like you're trying to prevent an install simply because you don't want your lawn dug on a probable cross lease situation. The law was changed to prevent exactly this sort of scenario being able to happen, so unless you're willing to negotiate I'm not sure you're going to have much luck preventing Chorus from legally proceeding with the install.

Whether you want to take things further and legally stop them and clearly annoy your neighbour in the process of obviously up to you.

You are right. I don't want my lawn dug up because I have plans in mind to develop this area, putting concrete or paving stones, but I don't have a actual plans just yet to show them.

I'm willing to negotiate, but I doubt Chorus are. I have suggested micro-trenching the driveway (it's not in a perfect condition anyway), and it was going nowhere

Neither of these will pose an issues as the trenched conduit which be up to 450mm deep as is the case for all services. You don't dig this deep for concrete nor paving stones so the fibre won't impact you in any way.

Conduit depth can be reduced to 200mm in brownfields areas so I'm simply suggest you advise Chorus it needs to be 450mm (which is what is used in greenfields developments) to insure it will not impact you.

If the driveway isn't in a good condition there is no way in the world they'd want to touch it for obvious reasons. If a drive way is in poor condition it means that it could well be replaced, so they're not going to touch it for shallow microtrenching across it.

Bung

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#2061391 23-Jul-2018 21:36

Louis2099: ř
You are right. I don't want my lawn dug up because I have plans in mind to develop this area, putting concrete or paving stones, but I don't have a actual plans just yet to show them.

"them" meaning the other owner? You could be planning a structure that needs their approval. You can see how this merry go round will spin.

MadEngineer

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#2061416 24-Jul-2018 00:00

Louis2099:

MadEngineer: That just reads as, I’m not getting fibre so why should my neighbours.

.

Wrong

You're not doing yourself any favours. Have you spoken to your neighbours about the install? Are they happy about your plans to develop that area? How do you think they'll feel about your plans after knowing about how you feel about theirs?

You're not on Atlantis anymore, Duncan Idaho.

kryptonjohn

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#2061446 24-Jul-2018 07:57

Wheelbarrow01:

wellygary:

Its a Cross lease, so technically its not solely yours....

Check exactly what the "exclusive use" terms actually cover, there may be an exemption for services,

I agree - a cross lease by definition means that you each exclusively own your dwelling, but you share the land on which those dwellings sit equally. You may have a fence between the dwellings, but that does not mean exclusive use or exclusive ownership in a legal sense. My feeling is that you would have to have a Unit Title in order to have a truly exclusive area.

As other posters have stated, Category 2 means that consent is deemed to be given unless you lodge an objection within the given timeframe. Please note that you must have valid grounds for objection from a strict list. I have posted about this on GZ previously but not sure where that thread is off the top of my head. However not wanting your grass dug up is not a valid reason to object.

Someone up our shared driveway (5 dwellings) is trying to get consent, but one owner is blocking it. He doesn't want the driveway getting messed up - and I can see where he's coming from - the Chorus contractors don't always do a pretty job of it.

trig42

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#2061486 24-Jul-2018 08:49

Louis2099:

sbiddle:

The problem here is without you providing any further information it merely looks like you're trying to prevent an install simply because you don't want your lawn dug on a probable cross lease situation. The law was changed to prevent exactly this sort of scenario being able to happen, so unless you're willing to negotiate I'm not sure you're going to have much luck preventing Chorus from legally proceeding with the install.

Whether you want to take things further and legally stop them and clearly annoy your neighbour in the process of obviously up to you.

You are right. I don't want my lawn dug up because I have plans in mind to develop this area, putting concrete or paving stones, but I don't have a actual plans just yet to show them.

I'm willing to negotiate, but I doubt Chorus are. I have suggested micro-trenching the driveway (it's not in a perfect condition anyway), and it was going nowhere

The issue you may have is:

You make it difficult for your neighbour to get fibre.

You then finally finish your plans for concreting/paving the lawn.

You then need consent from your neighbour - as you are on a crosslease and they have to approve what you is done to the land (you both own it 50/50).

They remember back to the time you were difficult about fibre.

You come to Geekzone and ask what you can do about your neighbour not letting you build your new patio...

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