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

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MikeAqua

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#2061492 24-Jul-2018 08:56

sbiddle:

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.

Who owns the plants on a cross lease?

Access to land is one thing. Damaging private property (grass) is quite another.

I'm fussy about my lawn and I'd have minimal confidence that it would be restored to my standards. Also confident the fibre installer wouldn't be back to water and weed the repaired section. The expense/work would fall to the owner.

Mike

networkn

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#2061495 24-Jul-2018 09:03

MikeAqua:

sbiddle:

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.

Who owns the plants on a cross lease?

Access to land is one thing. Damaging private property (grass) is quite another.

I'm fussy about my lawn and I'd have minimal confidence that it would be restored to my standards. Also confident the fibre installer wouldn't be back to water and weed the repaired section. The expense/work would fall to the owner.

Which I'd consider a relatively small price to pay in exchange for fibre, as would most people, however I understand that not everyone does feel that way. Sometimes though, to be a good community citizen, you take the odd one for the team and in this instance I feel it's what the OP should be doing.

Louis2099

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#2061553 24-Jul-2018 10:06

MadEngineer:

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?

As I mentioned in earlier post. I'm not objecting neighbour getting the fibre, I'm objecting Chorus's plan of the install. Neighbour does not care how the fibre runs. Chorus dictates how they are going to do the install. I'm trying to find out if they are legally entitled to do that.

In terms of my development plan on my part of the land. I have legal advice that's showing I do not need neighbor's consent, it's for my exclusive use. That's also why I'm not sure Chorus is doing this in the right way especially when there's shared area available. That's purpose of this thread. It seems people like you keep missing the point.

Anyway, it looks like some people have provided some useful information

Taubin

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#2061733 24-Jul-2018 15:14

Louis2099:

Chorus dictates how they are going to do the install. I'm trying to find out if they are legally entitled to do that.

Spoiler alert: They are entitled to do that.

ZL2TOY/ZL1DMP

networkn

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#2061749 24-Jul-2018 15:38

Taubin:

Louis2099:

Chorus dictates how they are going to do the install. I'm trying to find out if they are legally entitled to do that.

Spoiler alert: They are entitled to do that.

That response made me smile somewhat! :)

tripp

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#2061778 24-Jul-2018 16:11

Louis2099:

MadEngineer:

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?

As I mentioned in earlier post. I'm not objecting neighbour getting the fibre, I'm objecting Chorus's plan of the install. Neighbour does not care how the fibre runs. Chorus dictates how they are going to do the install. I'm trying to find out if they are legally entitled to do that.

In terms of my development plan on my part of the land. I have legal advice that's showing I do not need neighbor's consent, it's for my exclusive use. That's also why I'm not sure Chorus is doing this in the right way especially when there's shared area available. That's purpose of this thread. It seems people like you keep missing the point.

Anyway, it looks like some people have provided some useful information

I can see both points of view, you don't want things dug up, Chorus wants the easier way to install it. If it was me I would let them and get it installed into your place at the same time (i know you said you don't want it) but when you go to sell your place or rent it out a fibre connection is always a bonus to people looking to rent or buy (i myself would never go back to adsl or even vdsl anymore). Currently the install work is free, it might not be in the future, also grass grows back.

networkn

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#2061783 24-Jul-2018 16:15

I also agree, I wouldn't even *consider* buying or renting a place that didn't have Fibre now, and I have a good VDSL Connection. It's just such a positive to most people.

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froob

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#2061916 24-Jul-2018 20:03

Louis2099: ...
My house and neighbor's are on cross lease title. My house is the front one and the neighbor's at the back with a shared driveway. Both houses have their own exclusive use area. Now Chorus has sent me a information pack stating the work they are going to do to get my neighbor connected to fibre. The work has been classified as Category 2, but it involves digging up my lawns in my property.

I don't have problems with neighbor getting the fibre, but my question is aren't they (Chorus) supposed to work on the common area or shared driveway rather than digging up my property? Can they do it legally without my consent? I think the reason why Chorus propose this way is Area A (my property) has soft surface (grass), but hey, it's my property, not a common area.

As I mentioned in earlier post. I'm not objecting neighbour getting the fibre, I'm objecting Chorus's plan of the install. Neighbour does not care how the fibre runs. Chorus dictates how they are going to do the install. I'm trying to find out if they are legally entitled to do that.

A Chorus rep posted earlier in the thread, and it sounds as though they are willing to work with you on this. Working with them to find a solution that suits everyone is going to be your best bet. I'd also echo the point made others, that it would be worth you getting fibre installed at the same time - it really is an excellent service.

Going back to your original question - can they do this work without your consent - technically no they can't. But, the new process under the Telecommunications Act flips this on its head, and you are deemed to have given consent, unless you object.

Because the work has been classified as category 2, you should have the right to object. However, objections can only be made in a limited number of grounds, which are listed here. There is a 15 working day window of opportunity for objections, after you receive the notice and plans.

Chorus appears to have an online objection form here. Their website also contains more useful information on the whole process.

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quickymart

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#2061954 24-Jul-2018 21:25

He said previously he has already objected, and doesn't want the work to proceed as designed, but a different way.

froob

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#2061969 24-Jul-2018 21:58

Ah right, missed that. Well, disregard all but the first paragraph!

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Pumpedd

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#2062076 25-Jul-2018 10:22

networkn:

I also agree, I wouldn't even *consider* buying or renting a place that didn't have Fibre now, and I have a good VDSL Connection. It's just such a positive to most people.

A few years back I moved a couple of times within 7 years and I refused to look at properties that didnt have VF cable capability. This was before Fibre was so widespread. I wouldnt consider ADSL/VDSL as there was no way of testing it prior to purchasing the property. Land Agents at the time thought I was demented. But screw them.

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