ISP (not BT) want to cut down our trees
Discussion
Our local ISP delivers it's broadband via wireless point to point. One of their customers has complained that he's not getting the service he's paying for as trees on our land are interrupting the line of sight to the wireless transmitter.
They are going to seek compulsory access to lop branches for our trees. FWIW we have no contract with either the ISP or the customer.
Can they do this? Can we block them as they should have ensured that their network was resilient enough to cope with mature deciduous trees growing (we're not talking about fast growing conifers, or even trees adjoining the customer's property, these are 200-300m from the customer's premises)?
Any advice would be gratefully received.
They are going to seek compulsory access to lop branches for our trees. FWIW we have no contract with either the ISP or the customer.
Can they do this? Can we block them as they should have ensured that their network was resilient enough to cope with mature deciduous trees growing (we're not talking about fast growing conifers, or even trees adjoining the customer's property, these are 200-300m from the customer's premises)?
Any advice would be gratefully received.
SantaBarbara said:
Apply for a tree preservation order
Be VERY VERY careful going this route. Loads of tree's around here have TPO's and it's an absolute nightmare. Forget ever cutting branches off again in the future if the tree's have a TPO on them. As for the ISP, I very much doubt they can do this. They aren't classed as a utility?? (power companies obviously can cut trees that are affecting their power lines). I'd also question whether it would make much difference at all.A tree preservation order may protect it from an ISP, but it will also protect it from you.
Is it a tree you cut back? If so you'd need permission going forward if you got one.
If it's entirely on your land, not even overhanging any boundaries I'd kindly let them know that if they enter your property or touch the tree you will be calling the police for trespassing or criminal damage.
If you had a large building there they wouldn't be requesting permission to demolish it, tell them to figure out something else.
One thing in law to consider is that the tree came before the service and the contract between the customer and ISP. You can get all legal with regards to "right to light" but that is something that is either written in deeds or acquired over at least a 20 year period, they'd have to argue that for the last 20 years they wouldn't have had a problem with service until present day and the tree in its current condition.
Is it a tree you cut back? If so you'd need permission going forward if you got one.
If it's entirely on your land, not even overhanging any boundaries I'd kindly let them know that if they enter your property or touch the tree you will be calling the police for trespassing or criminal damage.
If you had a large building there they wouldn't be requesting permission to demolish it, tell them to figure out something else.
One thing in law to consider is that the tree came before the service and the contract between the customer and ISP. You can get all legal with regards to "right to light" but that is something that is either written in deeds or acquired over at least a 20 year period, they'd have to argue that for the last 20 years they wouldn't have had a problem with service until present day and the tree in its current condition.
Edited by Narom on Thursday 3rd August 16:17
Toltec said:
dudleybloke said:
Tell them to put the device on a pole to raise the height above the treeline.
You could offer to let the ISP install a repeater on your land, for a suitable annual fee of course.Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff