The neighbour is having fibre broadband laid under my driveway. Can I stop it being dug up? DEAN DUNHAM replies
My neighbor is having fiber optic cables installed and the provider has to dig up my driveway to do so.
But the first time I knew was when I saw my driveway marked with spray paint for the place to dig. Do I have a say in it?
SR, Cheshire.
Broadband dispute: A reader has been told that Openreach must dig up his driveway so they can lay fibre optic cables for his neighbour (archive photo)
Dean Dunham responds: From the photos you emailed me, it appears that the letters ‘OR’ have been sprayed onto your drive.
This stands for ‘Openreach’ and it is the company that maintains the telephone cables, ducts, cabinets and switchboards that connect almost all UK homes and businesses to broadband and telephone providers.
In most cases, Openreach requires a wayleave agreement to install or repair equipment on private land or in a building where it provides a service to people who are not the legal owners of the land or building, such as an apartment building.
A road permit is a written, legal agreement between Openreach and the owner of the land or property. Its purpose is to give Openreach permission to install, maintain or repair network equipment on your property.
However, there are three circumstances in which Openreach does not have to approach the owner of private land to enter into a right of way agreement.
First, if there is a wayleave agreement. Landowners often find that such an agreement was drawn up with a previous owner. You are bound by it.
Secondly, where a previous landowner has requested the service; and thirdly, in limited circumstances where the work is considered extremely urgent.
You will therefore need to find out if there is a wayleave agreement. Check the UK Land Registry (landregistry.uk) and see if there are any wayleave agreements for your property. If you find one, obtain a copy and read it carefully to determine what rights Openreach has.
One of the things you should pay attention to is whether you are entitled to compensation under the agreement.
This could be a one-off payment, which is not of interest to you because it has already been received by a previous owner, or an annual payment, which is of interest because you may now be receiving a salary.
If there is no such agreement, write to Openreach and ask: ‘If there is no agreement about the right to enter my land, spray paint my driveway and dig up the soil, what right do you have?’ I suspect Openreach will contact you to rectify the situation.
You can ask for some compensation for the inconvenience. If you refuse to accept a new wayleave agreement, a wayleave hearing will normally take place.
The warranty on a broken dryer is about to expire
My dryer has stopped working and the warranty period is almost over.
I have asked the seller for a repair, but the date given for a callout is after the warranty has expired. What are my rights?
NB, London.
Dean Dunham responds: Retailers often mislead consumers into thinking that warranties are the be all and end all, and that when they expire, your rights expire too. This is not the case.
The warranty gives you a contract with the warranty provider (usually the manufacturer of the goods) and an automatic right to have the goods repaired or replaced if they prove defective during the warranty period. No exclusions apply.
The warranty period is not an issue here, since you have already ‘reported’ the problem before it expired. However, sometimes the warranty only covers certain problems.
The first thing you should do is check the warranty terms and see how long repairs and replacements will take.
If there is a time limit mentioned, throw this at the store/manufacturer and say that there is a breach of the warranty terms if they don’t resolve the issue now.
Despite my advice above, as I said, the warranty is not your only right.
The Consumer Rights Act 2015 gives you more power. In relation to your faulty tumble dryer, it says that if the problem is a ‘manufacturer’s fault’ (meaning you didn’t cause it and the problem isn’t just ‘wear and tear’) then you have the right to a remedy – a repair, replacement or part refund.
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