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Bung
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  #2585697 15-Oct-2020 08:30
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Option 2 gets ruled out by wording like this on the Act covering all the old stuff that just got done back then.

"Any existing works or existing lines owned by a network operator that are fixed to, or installed over or under, land that is not owned by the network operator are deemed to be lawfully fixed or installed, and continue to be lawfully fixed or installed, until the network operator otherwise decides."

Options 1&3 would have been better done before raising it with the owner.

dolsen
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  #2585699 15-Oct-2020 08:37
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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.


 
 
 
 


halper86
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  #2585736 15-Oct-2020 09:57
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OP: You bought the house knowing that there were easements against the title. Theres nothing you can do yourself as you have accepted that chorus has a right to access and occupation of your property. The only way to get rid of this is via legal means, aka $$$


mdooher
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  #2585738 15-Oct-2020 10:01
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halper86:

 

OP: You bought the house knowing that there were easements against the title. Theres nothing you can do yourself as you have accepted that chorus has a right to access and occupation of your property. The only way to get rid of this is via legal means, aka $$$

 

 

if it has dropped you can, ask them to put it back to the original position or remove/abandon it. Ask, don't demand





Matthew


larknz
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  #2585763 15-Oct-2020 10:37
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I think that you will find that there will be no easement for the cable registered on the property title, but it will have historical rights under the Telecommunications Act which are equivalent to an easement.

 

In the good old days no worried about easements. The Electricity Act does the same for power cables.


halper86
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  #2585852 15-Oct-2020 11:36
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mdooher:

 

if it has dropped you can, ask them to put it back to the original position or remove/abandon it. Ask, don't demand

 

 

But what if it hasn't dropped? You'll have to put up with it

 

larknz:

 

 

I think that you will find that there will be no easement for the cable registered on the property title, but it will have historical rights under the Telecommunications Act which are equivalent to an easement.

 

 

 

In the good old days no worried about easements. The Electricity Act does the same for power cables.

 

 

There may be no easement, but as you say: they are the equivalent of an easement.

 

The only real way to check would be to get a copy of the Record of Title

 


nztim
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  #2585854 15-Oct-2020 11:42
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All these ideas on here about removing it yourself are absolutely shocking

if the cable was there prior to 2001 it has the right to be there end of story

You need to negotiate with your neighbour to have Chorus remove it and have the appropriate records updated

 
 
 
 


decibel
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  #2585856 15-Oct-2020 11:44
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I think some of you guys are going soft in the head -

 

- the OP says that the wire is disconnected at the street pole (therefore it is no longer part of any telecommunications circuit)

 

- the OP gets on well with the tenant.

 

 

 

As suggested by several here, a ladder and a pair  of side-cutters are all that is needed.

 

Send me a message if you are in the Wairarapa.

 

 


Bung
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  #2585857 15-Oct-2020 11:44
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dolsen: 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.



Why would he be liable for any costs in the future? If Chorus decommissioned the copper network in that area I doubt they'd be able to charge anyone for removing Chorus drop leads.

mdooher
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  #2585858 15-Oct-2020 11:47
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nztim: All these ideas on here about removing it yourself are absolutely shocking

if the cable was there prior to 2001 it has the right to be there end of story

You need to negotiate with your neighbour to have Chorus remove it and have the appropriate records updated

 

the OP said Chorus chopped it off on their end anyway. maybe they should just finish the job and remove the cable





Matthew


bender

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  #2585890 15-Oct-2020 12:45
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Thanks for the suggestions so far. My house was built in 1910 so there is no easement on the title and it's not a case of the cable being there first, but as others have pointed out the Telecommunications Act retrospectively said anything already in place can stay.

 

 

 

I guess my argument is the cable isn't in use and the landlord next door is being obstructive on purpose. I have made it clear I'm totally happy to pay for the removal but he trolls all the other neighbours as well. There's no means to reason with him.

 

 

 

What I was looking for was more whether there could be basis for "reasonability" e.g. it's fair for him to say I want to keep my copper line because I'm using it, but if it's not being used and broken off at the street pole then it doesn't seem fair to unreasonably withhold consent just to be a dick.

 

 

 

It has to be legal because the landlord has gone after other neighbours for trivial stuff and I don't want to give him any scope to come after me so a sneaky snip and staple in the dead of night is out.

 

 

 

I wasn't aware Chorus actually own the lead-in rather than the neighbour, so surely Chorus can make their own decision to remove disused/old cable or at grant me permission to snip it off. I've gone back to Chorus asking if since they own the lead-in would they make their own decision to come and remove it on the basis that it doesn't need to be there and I'm willing to cover Chorus' costs. Will see how that goes...


nztim
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  #2585896 15-Oct-2020 13:02
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bender:

 

What I was looking for was more whether there could be basis for "reasonability" e.g. it's fair for him to say I want to keep my copper line because I'm using it, but if it's not being used and broken off at the street pole then it doesn't seem fair to unreasonably withhold consent just to be a dick.

 

 

No different to those who deny consent to have fibre installed, just to be obstructive

 

My Suggestion: Take it to the media (Fair Go)

 

 

 

bender:

 

It has to be legal because the landlord has gone after other neighbours for trivial stuff and I don't want to give him any scope to come after me so a sneaky snip and staple in the dead of night is out.

 

 

 

I wasn't aware Chorus actually own the lead-in rather than the neighbour, so surely Chorus can make their own decision to remove disused/old cable or at grant me permission to snip it off. I've gone back to Chorus asking if since they own the lead-in would they make their own decision to come and remove it on the basis that it doesn't need to be there and I'm willing to cover Chorus' costs. Will see how that goes...

 

 

I wish you luck with this


halper86
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  #2585924 15-Oct-2020 13:48
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Logically speaking, yes, the cable should be able to be removed. However the landlord is not acting in a manner that will allow that and you dont want to risk pulling it down and getting fingers pointed at you from all directions. In short, you don't want the neighboring property owner to become even more of a dick


johny99
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  #2586054 15-Oct-2020 21:11
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Can you cut it and staple it to the top of your side off the fence, he doesn’t own the cable and you haven’t entered his property or touched his dwelling.

SomeoneSomewhere
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  #2586063 15-Oct-2020 21:38
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He can complain to Chorus, Chorus will charge OP to put it back, and I believe there could also be criminal charges beyond plain old property damage if anyone really wanted to take it that far.

 

 

 

If a future tenant wanted a landline for whatever reason, it changes from just a churn to needing to pay for a new connection. Unlikely as that is, it's not as if the landlord has absolutely no reason for denying it, and can suffer damages.


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