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Topic # 230457 24-Feb-2018 16:24
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Fibre has just become available where I live (very exciting, I've been waiting and watching since the start of the rollout for it to finally reach my house), I've put an order in for fibre in via my isp.

 

 

However the latest update on the fibre order I've gotten is "your property has been identified as being an apartment/unit or having a shared driveway which means written consent from all concerned parties will need to be gained before the installation of your fiber can be carried out."

 

 

I'm wondering if that is actually accurate for my property and if waiting for my neighbors to give consent is really needed (neighbors house is a rental so I'm worried there might be some delay getting the landlord to give approval).

 

 

Here is the layout of my property and of the neighbors.

 

 

 

 

I can see two general possibilities for the install of the fibre.

 

* Either the existing conduit will be used (my preferred option), in which case the fibre will be blown or pulled through the existing conduit. I can't see how that will result in any changes on the neighbors land (unless permission is needed just to put something new through an existing conduit sine it might run under their land?).

 

* The existing conduit can't be used, in which case the fibre would run a new path and I can't see why it wouldn't follow the path of my land (either micro trenching or attached to the fence). Which surely would mean it then doesn't need my neighbors consent since it's all on my land?

 

 

 

 

For the point of interest / in-case in effects things here are some photos of relevant bits from the diagram above;

 

 

Click to see full size

 

Click to see full size

 

Click to see full size

 

Click to see full size

 

 

Have I missed something here or is my neighbors consent actually legally needed for the install to proceed?

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  Reply # 1963568 24-Feb-2018 17:06
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Who is your LFC? Chorus? I daresay it would have been scoped and determined that consent is required for the install.

 

If it's Chorus, do you know if it's category 1, 2, or 3? Your RSP should be able to give you this information.


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  Reply # 1963569 24-Feb-2018 17:08
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It's still a complex build no matter how you look at it and does involve both your properties. Because of this it's highly likely they'll want to do the build for both properties since they're both going to be sharing that conduit.

 

The new implied consent rules will mean however that your install shouldn't be stopped unless the neighbours actually object to the install.

 

 

 

 


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  Reply # 1963573 24-Feb-2018 17:40
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You are worrying about things before they are actually a problem. Get in touch with the homeowner, you never know they may give approval straight away and there’s no problems. Their property will benefit as well.




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  Reply # 1963616 24-Feb-2018 19:52
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My LFC is Chorus; Not sure what category the install has been classified under, the information I've gotten back from my RSP so far has just been a form letter about the consent being needed. From my reading on the chorus website it sounds like it would be category 1 if the existing duct is used or category 2 if an alternative method has to be used?

 

 

 

Sorry probably should have specified in my description, my neighbors power/phone connections are above ground. The conduit only goes to my house. So whatever gets run to their house is most likely not really going to relate to my install other than starting at the same pole on the street (in Click to see full size the cables going off the pole to the right are their current power/copper/vodafonecable cables). About the only thing I can see which would involve my property in my neighbors install; Is that if they run the fibre overhead like the existing copper then that will pass over the top of my property.

 

 

 

Quite possibly I am overthinking this, I think the "and if consent can’t be gained your order may be closed" line from the form letter I got about needing consent might have made me more worried than I need to be about making sure there are no unnecessary potential holdups on the process. I'm just rather keen to get fibre; I'm only getting 22Mbps down / 1.5Mbps currently (and that's after doing a lot of work to optimize cabling etc for my VDSL) so being able to move to gig is going to be a massive upgrade. If the implied consent rules apply to this case and I don't have to rely on the other properties landlord signing a form to have the install proceed that greatly simplifies things.

 

 

Thanks for the replies.

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  Reply # 1963619 24-Feb-2018 20:28
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What a bizarre parcel. There's only pedestrian access to your property? I could understand if it was on a hillside. But what a hassle.

 

Anyway, I thought they fixed this stupidity with a law change last year whereby people cannot unreasonably object or object at all when they're just reusing an existing conduit in an existing easement?


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  Reply # 1963622 24-Feb-2018 20:48
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alavaliant: Not sure what category the install has been classified under

 

Call up your ISP and ask. This is stated in Chorus Portal which your ISP will have access to. Do note even if your case is category 1 or 2 Chorus may still take ages to process your order.




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  Reply # 1963624 24-Feb-2018 20:56
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Yeah it is a slightly odd shaped property. I guess it was sub divided that way as there isn't quite enough space to make a shared driveway up to the house (it would be very tight squeeze) and then at far end there isn't really space to park a car. So I have a area for parking then a narrow strip leading to the house. It's level and not very long so it's never worried me too much.

 

 

I think reading over the chorus website I might have just been confused by an overly broad form letter from the RSP; Comparing the details on the chorus website about the different categories of installs it seems like the letter I got covers all possibilities so some of the information given is likely to not apply to my situation.

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  Reply # 1963687 25-Feb-2018 01:30
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Sorry this probably isn’t going to help you - but we have a similar situation but with six houses (all on separate titles) on a shared driveway. When we got our fibre installed (just our house) 18 months ago, it all went click, click, click - no dramas, Chorus just came and did it - with virtually no paperwork at all.

Then one of our neighbours wanted theirs done a few months ago and they had to go through all the hoops - 10 page project report with photos and diagrams was sent to everyone requiring all five neighbours’ consent. Couldn’t figure that out.

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  Reply # 1963717 25-Feb-2018 08:56
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if the property was sub divided generally the services would be trenched through your property and your property alone, so technically speaking that conduit should be going under your concrete and not your neighbours, you could always get some one to locate the conduit and see where it goes and that will tell you if it is on your property,

 

any ways why cant they just pull the fiber through the conduit that supplies your house? was this a friday afternoon job again or are they just being lazy yet again?




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  Reply # 1965637 28-Feb-2018 11:01
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Looks like I was worried about the wrong thing.

 

Got a txt from my RSP yesterday telling me the planning meeting with chorus had been scheduled for today (so looks like no hold ups with consent :) ).

 

 

However when the chorus tech arrived today they found that the order had been entered in as for my neighbors address rather than mine. (So basically a missing 'A' on the address) Apparently that's not something the tech can fix directly so chorus is going to go back to my RSP with the problem and hopefully the install planning meeting will be rescheduled soon once the correct address is put in for the order...

 


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  Reply # 1966136 28-Feb-2018 21:09
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Order will most likely need to be cancelled and resubmitted with the correct address - it can't just be changed.




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  Reply # 1966382 1-Mar-2018 10:10
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Called up my RSP and it sounds like everything has been resubmitted with the correct address. Since it was their mistake ordering it under the wrong address they say they have put the new order in as urgent so hopefully I'll get confirmation of a new install meeting time today.



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  Reply # 1966978 2-Mar-2018 11:31
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Have got a txt from my RSP giving the new install meeting date as Tuesday (06/03/2018) so hopefully things will go smoothly this time.

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  Reply # 1967005 2-Mar-2018 12:16
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My last property was in a duplex (two houses side by side with a common wall in between), each with its own driveway and each with its own power / copper / HFC cables. Despite this, Chorus still needed permission from the neighbour to do the UFB install. It was annoying, and definitely delayed my install (took nearly 8 weeks from my installation request until I was connected).

 

Weird thing is, I moved to an apartment, and no permission from the neighbours was required to get connected (was done in less than 3 weeks from when I requested it).


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  Reply # 1968365 5-Mar-2018 18:09
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stinger:

 

My last property was in a duplex (two houses side by side with a common wall in between), each with its own driveway and each with its own power / copper / HFC cables. Despite this, Chorus still needed permission from the neighbour to do the UFB install. It was annoying, and definitely delayed my install (took nearly 8 weeks from my installation request until I was connected).

 

Weird thing is, I moved to an apartment, and no permission from the neighbours was required to get connected (was done in less than 3 weeks from when I requested it).

 

 

 

 

It was possibly a cross-lease title... in which case you would've needed consent to do a lot of things on the property that most people probably don't know about.

 

 

 

Also 3 weeks for an apartment install?  It would have been installed to the basement/elsewhere already, and the building owner/body corp would have provided consent that covered the whole building.


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