Getting neighbours unused aerial copper lead-in removed

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bender

220 posts

Master Geek
+1 received by user: 17

#277425 14-Oct-2020 21:03

Hoping someone who understands aerial/telecommunications act rights can educate me...

The situation is:

I live next to a rental property.
The rental property has UFB fibre (underground) plus an old copper aerial lead-in that crosses my property.
I want their old copper aerial lead-in removed. There are no services on it (it's not even connected at the Chorus pole side).
I've spoken to Chorus and they've given me a quote to remove it which I'm willing to pay for, but Chorus want the owner of the rental property to agree.
I get on fine with the rental property tenants, but the rental property landlord is one of those types who automatically says no to absolutely anything. I have asked and he has said no (and offered no reason).

I've drawn a picture. I'm the house in the middle. Rental property is on the left.

Green circle is the fibre plinth and the green line is the fibre run into the rental.

Blue circle is the old Chorus copper pole and the blue line is the lead-in running across my section and my gutter over to the side of the rental.

How do I make the aerial lead-in go away (legally) if the rental landlord won't agree?

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dolsen

1483 posts

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#2585699 15-Oct-2020 08:37

As you've said you are willing to pay for it to be removed, perhaps re-engage with the owner saying that you are willing to pay for it as (random reason - you are doing some work and need it out of the way currently), that you can work around it if not, but, in future that when it needs to come down that he would be paying for it. Basically, suggest that he is going to have a cost in the future that he will have to pay, but, you will cover the cost if it is done now.

If he only wants to do the bare minimum, having someone else cover the cost may appeal to him, where as, being socially responsible and a good neighbor / landlord may not.

bender

220 posts

Master Geek
+1 received by user: 17

#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...