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  Reply # 571950 22-Jan-2012 15:59
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IANAL but there should be an easement for this and it will be attached to the title of the property. Chorus own the equipment and they would be very unhappy with you if you move it yourself and if an easement is in place they have the legal right to put it there and have access to maintain it.

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  Reply # 571955 22-Jan-2012 16:08
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Kraven: IANAL but there should be an easement for this and it will be attached to the title of the property. Chorus own the equipment and they would be very unhappy with you if you move it yourself and if an easement is in place they have the legal right to put it there and have access to maintain it.


Most likely no easment noted on the title, we have just finished the property purchase stuff, there is both a phone and a power pillar within out property boundry, I have read all the information that is attached to the property title, no mention of utility easements, but then again I don't have a problem with either pillar been in the way, but we do have a rose garden around one of them, so it will be a challange for the repair person when repair time comes *grin*

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  Reply # 571986 22-Jan-2012 17:11
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Hi, I strongly recommend you dont attempt to move it unoffically, and also carefully consider why you want it moved. If it cannot be shown to be a real issue then it may end up costing you to have it moved. Its very rare that they end up in places that there is somewhere no record or legal right of existence.

Cyril

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  Reply # 572050 22-Jan-2012 18:43
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cyril7: Its very rare that they end up in places that there is somewhere no record or legal right of existence.

Cyril


The Telecomunications Act 2001 probably is their comfort blanket

" 155  Protection of existing works
  • (1) 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.
    (2) No person other than the network operator has an interest in any of those works or lines by reason only of having an interest in the land."
     

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  Reply # 572052 22-Jan-2012 18:44
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Exactly, dont touch without legal consultation.

Cyril

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  Reply # 572073 22-Jan-2012 19:21
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gregmcc:
sbiddle:
gregmcc: I doubt that chorus would be open to re-locating it.

Seen you don't actually connect to their network maybe here is you chance to either give them the choice to move it or pay some form of rental for it been on your property?


You can't charge them rental. The council would have given them permission, this would then be carried over to new district plans and they have exemptions for infrastructure.



Then it's an easy fix, they remove it or you do, it all depends on how much in the way it is, you can make it very difficult for them if they don't want to play ball, or they can play nice and relocate it.

Remember it is YOUR property, you don't have to give a privately run company access to you land unless they have an agreement with you.

if Chorus's pillar is impeding on your peaceful enjoyment of your property, then they must remove it, the key here is 'peaceful enjoyment'


In situations like this you can be a difficult or nice. Chorus have legal rights so being difficult and making threats  is FAR more likely to get you told to sod off in a nice professional way. If you keep making threats they'll just refer it to their legal team.

If you want to play games good luck to you but being very nice is far more likely to get you somewhere than making threats. Being nice doesn't mean going away with the first no, it just means being very polite and saying things like "I realise that you have the right to have this on my property but it's really awkward and it'd really appreciate it if you could help me." Most people tend to respond a whole lot better to being treated nicely and actually want to help than being bullied - especially when technically they're well within their rights and they know it.

 

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  Reply # 572101 22-Jan-2012 19:57
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Bung:
cyril7: Its very rare that they end up in places that there is somewhere no record or legal right of existence.

Cyril


The Telecomunications Act 2001 probably is their comfort blanket

" 155  Protection of existing works
  • (1) 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.
    (2) No person other than the network operator has an interest in any of those works or lines by reason only of having an interest in the land."
     


This is where things become quite sticky, Who is the network operator? Chorus or Telecom, they are legally 2 seperate companies.

If it's chorus, most of their service people are actually independant contractors, so technically these contractors arn't the network operators and would have to arrange suitiable access with the land owner.

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  Reply # 572165 22-Jan-2012 22:19
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gregmcc:
Bung:
cyril7: Its very rare that they end up in places that there is somewhere no record or legal right of existence.

Cyril


The Telecomunications Act 2001 probably is their comfort blanket

" 155  Protection of existing works
  • (1) 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.
    (2) No person other than the network operator has an interest in any of those works or lines by reason only of having an interest in the land."
     


This is where things become quite sticky, Who is the network operator? Chorus or Telecom, they are legally 2 seperate companies.

If it's chorus, most of their service people are actually independant contractors, so technically these contractors arn't the network operators and would have to arrange suitiable access with the land owner.


Technically they are the network operators appointed representatives. This is clearly what the act is intended for. As per my earlier post you can play games or try and get something done. 

Playing word games can be alot of fun but it's usually not very productive when you're playing them against organisations who know the law inside and out. If you don't try and play games you're far more likely to actually accomplish what you want. 

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