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bender

211 posts

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#277425 14-Oct-2020 21:03
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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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k1w1k1d
741 posts

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  #2585548 14-Oct-2020 21:30
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A quick snip with a pair of side cutters by an unknown person in the dead of night.

 

Builders cut the copper line off our neighbour's house when doing earthquake repairs. The cut end has just been stapled to the roadside post. Nothing has ever been said.


nztim
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  #2585559 14-Oct-2020 21:40
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As the OP said.... legally.....

 

 

 

The cable is protected under the telecommunications act of 2001.

 

 

 

Therefore the home owner of the other property must agree to have it removed and chorus records updated that their property no longer has copper services available.


 
 
 
 


bender

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  #2585563 14-Oct-2020 21:49
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nztim:

The cable is protected under the telecommunications act of 2001.


 


Therefore the home owner of the other property must agree to have it removed and chorus records updated that their property no longer has copper services available.



My reading of the Telecommunications Act seems to suggest that the network operator’s cables are protected, but isn’t the lead-in owned by the customer? If the customer owns the lead-in rather than Chorus am I able to remove the lead-in on the basis of aerial trespass?

nztim
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  #2585565 14-Oct-2020 21:52
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bender:
nztim:

 

The cable is protected under the telecommunications act of 2001.

 

Therefore the home owner of the other property must agree to have it removed and chorus records updated that their property no longer has copper services available.

 



My reading of the Telecommunications Act seems to suggest that the network operator’s cables are protected, but isn’t the lead-in owned by the customer? If the customer owns the lead-in rather than Chorus am I able to remove the lead-in on the basis of aerial trespass?

 

Nope Nope... in the copper world the point of demarcation is the ETP (white telecom box on side of house)

 

In the fiber world its everything, up to and including the ONT 

 

 


SomeoneSomewhere
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  #2585566 14-Oct-2020 21:54
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Pretty sure Chorus owns the lead-in.

 

I believe with underground you basically sign over ownership of the duct when they connect, even if you bought and buried it.

 

 


pom532
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  #2585610 14-Oct-2020 21:57
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could a ladder 'accidentally' fall on the cable and bring it down?


bender

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  #2585614 14-Oct-2020 22:09
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Yeah there’s plenty of accidental ways to make it go away but I’m trying to avoid those...

Are there any other legal means to get it gone? E.g. it runs across my verandah at head height which is the main reason I want to get rid of it. I’m willing to pay Chorus for the removal/relocation. If the neighbour won’t agree to having it removed then can Chorus decide to remove it since it’s not in use?

 
 
 
 


nztim
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  #2585615 14-Oct-2020 22:12
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Have you even spoken to the home owner yet?

I am sure he won’t object if his dwelling is now on fiber and his investment if future proofed then all can be done legally

bender

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  #2585616 14-Oct-2020 22:16
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nztim: Have you even spoken to the home owner yet?

I am sure he won’t object if his dwelling is now on fiber and his investment if future proofed then all can be done legally


Yup and he’s said no. This isn’t new he literally doesn’t lift a finger unless forced e.g. does the bare minimum maintenance to avoid the tenants going after him and is generally difficult.

nztim
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  #2585619 14-Oct-2020 22:24
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bender:
nztim: Have you even spoken to the home owner yet?

I am sure he won’t object if his dwelling is now on fiber and his investment if future proofed then all can be done legally


Yup and he’s said no. This isn’t new he literally doesn’t lift a finger unless forced e.g. does the bare minimum maintenance to avoid the tenants going after him and is generally difficult.


I suggest you call up Fair Go then, they seem to get things like this done, and embarrass your neighbour a little

halper86
271 posts

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  #2585648 15-Oct-2020 02:22
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bender:
nztim:

The cable is protected under the telecommunications act of 2001.


 


Therefore the home owner of the other property must agree to have it removed and chorus records updated that their property no longer has copper services available.



My reading of the Telecommunications Act seems to suggest that the network operator’s cables are protected, but isn’t the lead-in owned by the customer? If the customer owns the lead-in rather than Chorus am I able to remove the lead-in on the basis of aerial trespass?

Nope, the title will have easements to convey telecommunications under the act. Just like with electricity - you can’t say “no, I don’t want these high voltage lines (that feed town) running across my property”
-e- those easements being chorus has full legal right to convey/ string those unused copper lines over your property

BlinkyBill
1052 posts

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  #2585660 15-Oct-2020 07:01
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If it runs across your verandah at head height, that seems like a health-and-safety issue. Perhaps ask the property owner to either agree to remove it at no cost to him, or to pay to have it relocated to a safe location. 





BlinkyBill


gbwelly
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  #2585662 15-Oct-2020 07:03
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Reminds me of an early episode of Curb Your Enthusiasm. They ended up moving house to get away from the cable.

 

 








xpd

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Im a pirate
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  #2585688 15-Oct-2020 07:56
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BlinkyBill:

 

If it runs across your verandah at head height, that seems like a health-and-safety issue. Perhaps ask the property owner to either agree to remove it at no cost to him, or to pay to have it relocated to a safe location. 

 

 

But what was there first.... the cable or the deck

 

But yeah, offer to cover all costs and throw the owner a box of booze ;)

 

 





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mdooher
Hmm, what to write...
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  #2585693 15-Oct-2020 08:10
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Option1 (honestly the best) just take it down yourself

 

Option 2 Moan to Chorus about aerial trespass and say the cable has lowered over time/they never took the easements in the first place etc.  Whatever gets you a free visit to fix it.

 

option 3 Just go back to option 1

 

 





Matthew


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