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Qmeister

10 posts

Wannabe Geek


#245567 11-Feb-2019 12:51

Hi all,

 

My wife and I are looking for advice and/or opinions regarding Chorus's proposed install plan to cut across my property and supply fibre to six flats and another house that shares our crosslease.

 

 

 

A ROW/Easement runs alongside our house and goes past our crosslease-neighbour's house and section to six flats behind. A concreted lead-in space sits between the ROW and our garage. This concrete is wider at the easement side, and tapers narrower closer to the garage.

 

Chorus propose to dig across grass from the corner of our property by the easement, then cut across our concrete lead-in area where it is narrower by roughly 2 metres. I assume this is easier for them because it's a shorter distance to cut. After this, they continue to run cable off to the back flats.

 

My big concern is that, if we choose to subdivide, will Auckland Council have a problem with the cable location and force us to move it because it's on our private property and not on the easement area? Otherwise, I have no issue with Chorus proceeding with their plan.

 

 

 

Has anyone else had issues with Chorus Fibre work done which had to be moved later during a crosslease to subdivision procedure?

 

 

 

thanks

 

-Q


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froob
632 posts

Ultimate Geek

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  #2176647 11-Feb-2019 17:19
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I can’t imagine that it would cause a problem for a future subdivision, but if you have concerns, the best thing to do would be to have a conversation with a property lawyer who has experience in that area.

The new fibre would be “owned” by Chorus, rather than your neighbours which it is serving, through rights under the Telecommunications Act. That being the case, I can’t imagine the council would require it to be moved into area where your neighbours have an easement. I would think the most they would do would require an easement be granted to Chorus to document the location of and rights relating to the fibre, but even that would seem unnecessary given the statutory rights.

Probably more to the point is whether the install is going to cause you any issues, for example going across somewhere you might want to extend the house in the future or build a garage. If there is a realistic prospect of that, it might be worth discussing alternatives with Chorus. The Telecommunications Act does override your usual property rights to some extent. But, depending on the nature of the install, you may have a right to object, although usually only on limited grounds.

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