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Box installed without my permission

Jinnie1
I've been around
Techs were here putting in underground ftth cables I explicity asked them if they were installing a box. Today I finish work and they put a box on my property. They don't have an easement and this is completely illegal. I've been on hold with customer service for a hr. I want this box removed or I'm gonna f8nd some9ne who will disassemble it myself. Roger's lowered my property value, d9es not give me commission for hosting their service and I want it removed. I'm very upset.
3 REPLIES 3

Re: Box installed without my permission

Datalink
Resident Expert
Resident Expert

@Jinnie1 is this an inground box or an above ground box?  You're going to have to make sure that the box is for Rogers.  Depending on where you're located, there could be contractors pulling fibre and installing boxes for a company other than Rogers.  

 

In terms of the easement, you're going to have to do some homework to make sure that there isn't any applicable easement.  That would be very rare I think.  Unless you're living on a lot with no water, sewer, gas or electrical service, then I might agree with you.  I suspect that you do have those services installed and running, which were installed long ago during the neighbourhood development in accordance with the neighbourhood easements approved by whatever city that you're living in.  As a result, if there are easements which permitted those service installations, then it would appear that any other company can come along the do whatever they please, at any time and install what ever they want.  The question at this point is what is allowed to be installed and what city document explicitly details what equipment can be installed.  As frustrating as this might be, you're going to have to ask some very pointed questions of the city staff to determine what you need to know.  Don't blame them however as the details are buried in a stack of documents sitting on a shelf somewhere. 

 

The easement dimensions probably won't show up in the documents for your property.  They are probably mentioned, but, to find out exactly where the easements are located and their size, you're going to have to make a visit or two to the city hall, property department to examine the documents which lay out the original neighbourhood  easements granted by the city which is probably a text document, and then examine any property map that the city might have on file, which might, and I do mean might, have the easements indicated on the map.  

 

You might have to pay for another property survey and task the surveyors with determining the easements location and size on a new property map.  Just mentioning the easements on the map isn't sufficient.  They have to be laid out on the map with reference to the lot property markers.  

 

I suspect that the techs who installed the box were probably contractors.  If you attempt to engage them, they will just shrug their shoulders, say that they just work for the company and don't know anything.  Talking to tech support will be equally useless.  You need to talk with the engineering staff who are responsible for planning the fibre installation.  That will include the fibre runs and the location of any support equipment and boxes that are located on properties along the fibre path.  That will be the difficult part.  

 

So, absolutely not doubting what you're saying, but, you're going to have to back up your statements by following the easement paper trail which will be several years old and then translate the easement dimensions in accordance with the steel property markers for your lot.  

Re: Box installed without my permission

57
Resident Expert
Resident Expert

@Jinnie1 wrote:  They don't have an easement and this is completely illegal. 

To add to what @Datalink stated above, do you have a survey for your property? It will usually be with the legal documents when the property was purchased.  It will usually show where your property starts. Usually there is an easement of 1-3 metres from a roadway and sometimes even more if it's a two-lane road that could be made into four lanes.  It would be highly improbable for someone to illegally place FTTH cables.

 

P.S. Sometimes, there may not be an easement, but there is a "right of way" which can sometimes be based on precedent.

Re: Box installed without my permission

-G-
Resident Expert
Resident Expert

Me?  I have a sidewalk and boulevard.  My property ends at the sidewalk.  I still have to maintain (water, cut and weed) the grass on the boulevard but that portion of land is city property.  I can't stop anybody, who has a permit, from trenching/boring to install fibre conduit or from digging on that land to install a handhole or underground vault.

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