# Moving a telephone pole from my garden



## tadhg1 (3 Sep 2006)

When I contacted Eircom and asked them to move their telephone pole from my back garden I was told to send them € 250 so that they could do a survey after which they would cost the job of moving the pole which I would have to pay. I asked why I had to pay them for moving their property from my garden and I was simply told that they had a legal right to charge me under the 1863 Telegraphy Act which was subsumed, partially at least, into Irish law. I must say I think this is a very unfair burden on the ordinary citizen since I have no contract or agreement with Eircom and their use of my garden. I think they should pay me for the inconvenience of accommodating their equipment. 
I could not source the 1863 Telegraphy Act on the internet. Any opinions anyone.


----------



## Crea (3 Sep 2006)

Do not get me started on this.
We sent a letter in asking them to remove a pole from the middle of where our site entrance is supposed to be. They sent 3 men out who looked at the pole and the last guy told me to ring some helpdesk to get them to send someone out to assess the cost of moving the pole (what the other 3 sent out were doing I don't know). I rang them in May 2005 and am still waiting. My nextdoor neighbours are waiting over 2 years. We've actually applied to change the planning permission of our house to move the site entrance because i'm so withered with Eircom.
If you can live with the pole then leave it. As for paying the €250, i'd be reluctant to pay this up front if you can avoid it. Given the wait i've had you could be paying and then waiting a very long time.
As for you accomodating their pole, i'm guessing their pole was their before your house so moving it is your liability. Sh** I know but this is their attitude.


----------



## tadhg1 (4 Sep 2006)

The pole was put in shortly after I arrived in the house. I gave a verbal ok at the time, wishing to be helpful. They certainly did not advise me of the consequences or the liability I would have. Despite that I believe it is unjust to charge me for its removal. The legal principle for so charging was from another era and context. It is galling that an English piece of legislation is being used to s***w Irish citizens. Who did you contact. It is disgraceful that you should be ignored for so long. I was in contact with a Tom Kelly of plant alterations. His email is PlantAlterations@eircom.ie.


----------



## ashambles (5 Sep 2006)

For what it's worth the 1863 act can be found via google [broken link removed], this is probably the relevant section

22. Company is not to place telegraphs above ground, and posts, within certain distance of dwelling houses, without the consent of the occupier, &c. Not closer than 10 yards
        (2) consent is coterminous with the occupancy and
        (3) ending occupancy, the occupant can require removal of the works [see also Post Office Act 1969 c.48 Sch 4, and British Telecommunications Act 1981]
        (4) which the company shall carry out within one month.

(Being a UK derived law isn't unusual - much Irish law comes from the UK, they didn't throw out the law books (or the civil servants) and start from scratch in 1922).


----------



## Crea (6 Sep 2006)

We went through the Limerick office as that's where we live. 
3 people came out on 3 different occasions to look at the pole but the last guy told us to ring their helpline number to get someone out to quote. He reckond it would cost us over €2000 as there are stay lines and some sort of junction box on our pole. We haven't exactly been pushing eircom since because we can't afford this. It's about 2 feet outside our boundry now and we are liable to ensure it's visible at night because while complying with our planning permission the pole is now a hazard which we are responsible for. They really are ba***rds.


----------

