Resident refusing contractor access to property

charlieharper

charlieharper

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About 30 houses in our block haven't been lit up yet as some person aren't allowing the Openserve contractors on their property because the pole is "obstructing" their sea view.

What's the legal route Openserve / Rate Payers Association can go to get this sorted?
 
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didn't they purchase the property knowing full well it was there?

some mother's children
 
Muppets and aerial installations.

ronald911 said:
About 30 houses in our block haven't been lit up yet as some twat aren't allowing the Openserve contractors on their property because the pole is "obstructing" their sea view.

What's the legal route Openserve / Rate Payers Association can go to get this sorted?
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The ratepayers whatnot can suck a toffee. They have zero influence, although they will claim the earth.

Openserve has all the legal resource they need in the ECNS act. How they choose to carry it out is up to them.
 
ronald911 said:
About 30 houses in our block haven't been lit up yet as some twat aren't allowing the Openserve contractors on their property because the pole is "obstructing" their sea view.

What's the legal route Openserve / Rate Payers Association can go to get this sorted?
Click to expand...

Openserve has a public servitude which is created by section 22 of the Electronic Communications Act. Openserve must arrange with the owner regarding the access and inform him of the location they intend to use. If Openserve gains an advantage at the expense of the property owner then there needs to be some sort of compensation for the property owner.

So he needs to prove that the pole will bring a disadvantage to him and the property (its just a pole so it needs to one big pole for it to bring any disadvantage). His argument that it will obstruct his view will not stand as there is no such thing in SA law as a right to a view. So his argument that it obstructs his sea view is stupid.
 
ronald911 said:
About 30 houses in our block haven't been lit up yet as some twat aren't allowing the Openserve contractors on their property because the pole is "obstructing" their sea view.

What's the legal route Openserve / Rate Payers Association can go to get this sorted?
Click to expand...
That's just dumb honestly
 
11Snowman11 said:
Openserve has a public servitude which is created by section 22 of the Electronic Communications Act. Openserve must arrange with the owner regarding the access and inform him of the location they intend to use. If Openserve gains an advantage at the expense of the property owner then there needs to be some sort of compensation for the property owner.

So he needs to prove that the pole will bring a disadvantage to him and the property (its just a pole so it needs to one big pole for it to bring any disadvantage). His argument that it will obstruct his view will not stand as there is no such thing in SA law as a right to a view. So his argument that it obstructs his sea view is stupid.
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Cool thanks for pointing out the laws. Looks like the law is on Openserve's side, which is good for a change.

Guess additionally, Openserve also have the right to say, that they've already spent Rxxxxxxx on placing infrastructure around the neighbourhood, which now cannot be utilised because of his obstruction.
 
Can there not be some negotiation re the pole ..move or trench?
Why not try asking him first?
 
beans100 said:
Sea view.....yoh, talk about privileges.
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Amanzimtoti is full of houses with sea views, if you're happy living in a dumpy one horse dorpie; and your fine with "the locals" then a house with a sea view isn't so hard to come by.
 
Matt91 said:
Amanzimtoti is full of houses with sea views, if you're happy living in a dumpy one horse dorpie; and your fine with "the locals" then a house with a sea view isn't so hard to come by.
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Sure, but that's not the point of the thread. But I was merely playing on words, on the fact that everything is blamed on white privilege and old Jan. Don't think I did a good job.
 
ronald911 said:
Apparently Openserve did offer to trench, but still couldn't find an agreement.
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I don't understand? Trenching if done on a pavement is not the property of any one individual but the municipality, so people don't really have a say on what happens outside their property when it comes to utilities like Fibre etc.
 
Even when the law is on Openserve's side they usually don't prefer unleashing its full might on residents, they will usually engage until a solution is found which could take time.

I think it does not bode well for business to take the full confrontational step.
 
The servitude only offers underground cabling and not poles. The owner may rightly refuse.

I had a fibre provider dig up my paving and didnt replace it. They chopped their way through my pavement and put the broken bricks back into my pavement. I asked them to fix. Its been a war. Then vodacom tried to lay their cables and I refused. They went to the council say they have survitude. Guess what. When my house was built it was a farmland. The owners couldnt speak a word of english so when it got to signing to the council they didnt. So i discovered they dont have a servitude. So now I am allowed to middle finger them. Vodacom had to run around my property.
 
ronald911 said:
About 30 houses in our block haven't been lit up yet as some person aren't allowing the Openserve contractors on their property because the pole is "obstructing" their sea view.

What's the legal route Openserve / Rate Payers Association can go to get this sorted?
Click to expand...
Did you word this post incorrectly?

Is there already a pole on their property?
 
Genisys said:
I don't understand? Trenching if done on a pavement is not the property of any one individual but the municipality, so people don't really have a say on what happens outside their property when it comes to utilities like Fibre etc.
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Yes, but the Telkom pole in the back yard, so that is where the trenching would have to be, if it is to remove the sea view obstructing pole.
 
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