Author Topic: Estate cross-connection box located in my private property. Help please  (Read 5958 times)

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Vidocq

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Hello all,

I have bought a property that currently it is being buit. I have just realised that the estate developer has installed a public cross-connection box (for Virgin or BT) inside the boundaries of my property; some space in my front garden is used for that big box, which is shown in this picture:



This cross-connection box is not shown in any of the estate developer layouts that they showed to me when buying the house, such as trees layouts, ground elevations, public lighting layouts, private land boundaries, etc.

I was wondering if I can ask to remove that box as the area is still under construction.

Could you please provide an advice for this situation?

Thank you very much

Vidocq


New Home Expert

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Are you sure this is on your property.
If it is, then your deeds would need to show a wayleave for right of access for future works.
You could also charge an annual rent for it as it is on your land.

I suspect, that it is actually on common development land within the road curtilage  and the area is soft landscaped and not just not a footpath as it is just behind the road kerbs.

Ask your solicitor and provided you have not used the one the housebuilder wanted you to use you should be alright!

Who is the builder?
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Vidocq

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Yes, the box is inside my boundaries, see below my property area (green hatch)



"Unfortunately" the solicitor I have approached is one of the referred by housebuilder.
He will call them to discuss this and see what happens.
I do not want them now to quickly write a new document saying this king of cross-connection boxes might be located in a property without prior communication.

I think if this strategy does not provide a fair answer, I will have to contact another solicitor.

Did I mentioned that according to the layout the estate developer showed to me, there will be a betula jacquemontii tree just in the same location where this box is? funny.

The builder is Taylor Wimpey
 


New Home Expert

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You simply must ditch your builder's "pet" solicitor right away.
It is never a good idea.
Ownership issues are just one of the problems you can get.

You can be sure that a new clause or covenant will be added to cover the box and future works to the box and/or cables to it!  That's why house builders want their pet firms acting for buyers so they control the process! 

It looks to me that the box is actually located in the wrong place.
Especially as the approved landscape plan shows a tree in this location and failure to plant said tree would be a breach of the approved planning permission.
You could write to the planning authority, but thanks to current government policy, most now run scared of doing anything that goes against the builder's wishes and delaying new homes being built.
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.

Vidocq

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Thanks for your comments

At the moment I have not heard anything from Taylor Wimpey the estate developer. Let's see what excuse will say...