Removing an electrical cable on customers property... that doesn't belong to the customer!

[HappyHippyDad]

Afternoon all,

I have just been to do a quote for an elderly lady to remove a cable from under a stone driveway.

Her neighbours jacked up her car and moved it off her driveway, then made a channel in her driveway, then laid their cable across her driveway to their garage.

They gave her notice of doing this which she refused. The neighbour signed the letter and then added underneath his black belt in karate title just to bully her a little more (an old lady!). Grrrrrr!

She's taking them to court.

My question is, where do I stand about removing this cable on her property. I wont be able to isolate it as it will be on the neighbours property, so basically I can't do it? Plus, the cable is not her property and it's feeding the neighbours shed.

Cheers guys.

 

[telectrix]

think it's upyo the customer ( hopefully with help from her family) to sort this out the legal route. you're stuck between a rock and a hard place. anything you do could come back and bite your arse.

 

[Strima]

Until the court has made a decision then stay well clear.

Some people are just complete ***** who have no respect for others.

 

[littlespark]

Quote for it by all means, but don't do anything until the court decision. Then the neighbour will have to isolate it.
Whatever happens, this poor lady is going to suffer from disrespectful toe rags.

 

[Gavin John Hyde]

If court action has been taken then leave alone until resolved.
If the court rule the cable can be removed at neighbours expense then by all means charge a decent whack as they will pay not your customer.
Likewise some properties can with the right paperwork run utilities and cables across land but i reckon the neighbours have played a crafty one myself

 

[telectrix]

this is the rub. there might be a clause in the deeds stating that he can run cables etc. across her drive. time for the sharks (lawyers) to get involved. might be an idea for her to consult with CAB.

 

[Squid]

Have your customer speak to the Police, trespass and criminal damage spring to mind as well as threatening notices, she needs to play the game "vulnerable, I am scared etc etc..........

Tell her to send them a letter signed Mildred Hubble, Miss Cackle's Academy for Witches to be on the safe side.

If it was me I'd T off the cable and feed my own house...............

 

[westward10]

Trespass onto private land is generally not a criminal offence unless the land is specifically signed and the police will not be interested. I would personally take a wide berth away from this job.

 

[DPG]

Trespass onto private land is generally not a criminal offence unless the land is specifically signed and the police will not be interested. I would personally take a wide berth away from this job.

The lady is going to need the work doing at some point though. Hopefully not everyone will tell her that they aren't interested.

 

[telectrix]

not the point, DPG. we can all be interested and advise accordingly, but in the end it's a legal matter.

 

[Squid]

Jacking up the car that doesn't belong to you on someones property isn't on, frail old woman being bullied by neighbours.........

 

[HappyHippyDad]

Thanks for the prompt replies everyone. I do feel for the lady and I'd like nothing better than to dig up the cable and remove it. However, I haven't got the balls to do that so I'm going to wait for the courts decision. She has actually just got into contact with Western Power who are going to ring her back with regards cutting off the neighbours power to allow the work to be undertaken!!

 

[Squid]

Sorry have a pet hate, Mum years back had her handbag riffled £400 and her passport robbed by some Nigerian scum, don't like it when people are taken advantage of.

 

[Squid]

Thanks for the prompt replies everyone. I do feel for the lady and I'd like nothing better than to dig up the cable and remove it. However, I haven't got the balls to do that so I'm going to wait for the courts decision. She has actually just got into contact with Western Power who are going to ring her back with regards cutting off the neighbours power to allow the work to be undertaken!!

Any further info, is it a shared drive etc etc out of interest?

 

[littlespark]

At a guess the neighbours are currently sitting on their old 3 piece suite, grabbing a tin out the fridge and laughing at getting one over on the old dear next door.
This is all happening on their front lawn, not inside the house.

I say lawn.... what I mean is half weeds, half mismatched gravel bit of land they want to call a garden

 

[Octopus]

They gave her notice of doing this which she refused. The neighbour signed the letter and then added underneath his black belt in karate title just to bully her a little more (an old lady!). Grrrrrr!

What do you mean "gave her notice" - surely all this would be dealt with by means of a way leave

Wayleave.co.uk - Advice on wayleave - http://www.wayleave.co.uk/wayleave-advice.htm


why on earth does some scumbag think they can do this?

 

[DPG]

not the point, DPG. we can all be interested and advise accordingly, but in the end it's a legal matter.

Yes, sorry - I meant assuming legal matters are sorted.

 

[DPG]

not the point, DPG. we can all be interested and advise accordingly, but in the end it's a legal matter.

Yes, sorry - I meant assuming legal matters are sorted.

 

[davesparks]

Branch joint it and give the old lady free power, or hire a spiking gun and blow the fuse.

 

[pirate]

"I say lawn.... what I mean is half weeds, half mismatched gravel bit of land they want to call a garden..."
Yes, littlespark, that's a perfect description we all recognise!
also confirms the contagious nature of gravel

If there is a title condition allowing access for servicing cables etc it has to be very specific if it can also allow the placement of new services. Very few do this, in my experience, and while trespass laws are notoriously tricky, if the alleged trespass is carried out for gain, rather than just to traverse from one place to another (which is minimal and not trespass) then an offence has been committed...
well, in Scotland that is...

Scumbags often use bully-boy tactics like this, and tried it on with my parents some years ago with a drain...
eventually we got them to pay a large sum in compensation when they found their sh*t backing up!

 

[Octopus]

If you damaged this cable, would you then be held responsible for criminal damage?

The law is an ---!

 

[pirate]

No Murdoch, if the cable shouldn't be there, and you accidentally damaged it during removal, you might be liable in compensation, but not criminal damage as there was no intent.

 

[Pete999]

Afternoon all,

I have just been to do a quote for an elderly lady to remove a cable from under a stone driveway.

Her neighbours jacked up her car and moved it off her driveway, then made a channel in her driveway, then laid their cable across her driveway to their garage.

They gave her notice of doing this which she refused. The neighbour signed the letter and then added underneath his black belt in karate title just to bully her a little more (an old lady!). Grrrrrr!

She's taking them to court.

My question is, where do I stand about removing this cable on her property. I wont be able to isolate it as it will be on the neighbours property, so basically I can't do it? Plus, the cable is not her property and it's feeding the neighbours shed.

Cheers guys.

Scrotts

 

[littlespark]

What if old lady wants her driveway dug up for monoblock and conveniently forgets about this cable.

I wonder if the cable installation is up to regs anyway. Is it notifiable to an outbuilding?
It’ll be twin&earth, wrong size and connected directly to the supply side of their meter.

 

[Squid]

As I said free power...............

 

[Dave OCD]

This cable needs to have an unfortunate fault develop, damaged beyond repair.

 

[123]

Afternoon all,

I have just been to do a quote for an elderly lady to remove a cable from under a stone driveway.

Her neighbours jacked up her car and moved it off her driveway, then made a channel in her driveway, then laid their cable across her driveway to their garage.

They gave her notice of doing this which she refused. The neighbour signed the letter and then added underneath his black belt in karate title just to bully her a little more (an old lady!). Grrrrrr!

She's taking them to court.

My question is, where do I stand about removing this cable on her property. I wont be able to isolate it as it will be on the neighbours property, so basically I can't do it? Plus, the cable is not her property and it's feeding the neighbours shed.

Cheers guys.

How did they manage that?

I'd be wary of every story having 2 sides to it. Let the courts do what they do, and don't waste too much time on it...even if it rules in your customers favour and your customers neighbour has to pay...chances are you won't be the one tasked with the job

 

[HappyHippyDad]

Any further info, is it a shared drive etc etc out of interest?

No, it's not shared. She owns her driveway. They do have a back gate that leads out on to her driveway. They then have to walk over her driveway to reach there own.

 

[Wilko]

No, it's not shared. She owns her driveway. They do have a back gate that leads out on to her driveway. They then have to walk over her driveway to reach there own.

We don't know, but this is perhaps a hint as per @pirate post as to what is permitted. The fellow is clearly charmer so perhaps a big fat quote for electrics and stand well back. I would not quote for ground works and she can hire a few big labourers to do that bit perhaps ... If it does turn out to be an abuse, she will be due all costs.

 

[Taylortwocities]

No, it's not shared. She owns her driveway. They do have a back gate that leads out on to her driveway. They then have to walk over her driveway to reach there own.

That hints that the neighbour has some rights of access to the driveway. But that may be limited to foot access, repairs etc. Only the courts can sort this. Anything else is pure speculation.

 

[Squid]

Need to check the deeds, the gate may not be allowed but if its been there X amount years she's stuffed, digging up someones drive is not on as well as jacking up and moving her car, I would have thought that its criminal damage that the Police can deal with as then it changes form a civil matter to a criminal matter.

If the neighbours have no access rights over and under her drive she should inform the people who installed the cable to remove it and at the same time "invoice" the neighbours for the use of her land to hold their cable, issue an invoice monthly when they don't pay small claims court.

 

[SC0USESPARK]

has the cable been installed in a correct and safe manner?? rcd. mechanical protection and depth??? if no may be necessary to get isolated and removed for safety...

 

[SC0USESPARK]

has the cable been installed in a correct and safe manner?? rcd. mechanical protection and depth??? if no may be necessary to get isolated and removed for safety...

 

[Mike Johnson]

To run any supply on someone else's land needs a wayleave to be in operation, if this is not present then digging up and laying the cable is a criminal act, I had a similar incident with the SELB when they erected power pylons on my land without permission, unfortunately they have more power than I, in court I was only allowed to apply for compensation and rental, not to insist they where taken down, a wayleave was put in place and is written into my land registry documentation.

 

[Mike Johnson]

To run any supply on someone else's land needs a wayleave to be in operation, if this is not present then digging up and laying the cable is a criminal act, I had a similar incident with the SELB when they erected power pylons on my land without permission, unfortunately they have more power than I, in court I was only allowed to apply for compensation and rental, not to insist they where taken down, a wayleave was put in place and is written into my land registry documentation.

 

[Squid]

As I said, tap in to the cable and start a cannabis farm...........