My neighbor refuses the fiber installation.
brupala Posted messages 111188 Registration date Status Member Last intervention -
Hello,
I currently have a fiber contract with the company SFR, and a technician came to install the fiber in question. However, the installation required the cable to pass over my neighbor's property, and he strongly opposed it.
The company SFR therefore informed me that without my neighbor's agreement, they would not proceed with what was stipulated in my contract.
My question is, does my neighbor have the right to oppose the installation of fiber?
Knowing that several of my neighbors already have fiber running in the same spot?
And if he is not in the right, how can I make him see reason?
Thank you for your answers
4 answers
-
Hello,
If the easement already exists, so there are existing cables, the neighbor cannot oppose it. Does he have a dispute with you or just want to ruin your life?
When I arrived at my house, EDF lines (back then we didn't say Enedis) passed over my land to go further to some neighbors. Well, they came to my place without asking anything to cut the branches of my trees that got too close. It wouldn't have been wise to oppose that.
Since then, the trees are still there and the lines are buried along the road. It's simpler for everyone and much prettier.
Well, in your case, it’s up to SFR to assert its rights, but as long as you only have a subcontractor times four showing up, nothing will happen.
And there you go....
But misery, how annoying those line breaks are!! -
Good evening.
Where does your installation currently pass?
Is there another way to install the Fiber without going through your neighbor?
If the neighbors refuse to grant permissions, what will happen to all these aging installations?
It would be good if your neighbor could contribute a bit ;-)
-
Hello,
Unless it is merely a matter of convenience (the cable could pass elsewhere), as long as it is not possible for it to come from the access point without crossing this land either on the ground or through the air, the law provides that the neighbor cannot oppose this new servitude even if there was no previous one (France Télécom conduit, other connections...) or if it was not formalized.
However, it is up to the operator, who owns this cabling, to obtain this right of servitude by exception to the strict property rights, if necessary by making a request to the local town hall and, if applicable, compensating the landowner; one can understand that, for an individual house, they may not be in a hurry.
The situation is illustrated here regarding facades, but based on the same law:
https://www.mediation-telecom.org/publications/fiches-pratiques/raccorder-la-fibre-en-facade-d-habitation
-
-
Good evening,
The installation is initially planned in the same location as the neighbors', encroaching a few centimeters onto their property but at a height of 4.50 meters where there are already fiber cables.
And according to the technician, this is the only place where the fiber can be installed, but my neighbor is aggressive and very uncooperative.
-
It's tough luck when you come across a specimen like that...
You can try a drinks evening; it often puts a lot of nonsense to rest, that's how major deals get signed :-)
And it allows for getting to know each other a bit better, which never hurts, unless he comes armed to the teeth :-)
In any case, it’s negotiable, the best argument being: If the roles were reversed, I would do it without hesitation, it normally puts things into perspective.
I'm diving into pub psychology, but unfortunately, that's where we are, and it's not the worst approach; it's better than that of the courts.
-
-
Hello
Everyone sees noon at their door. Indeed, he has the right to oppose low-altitude flights over his land.
Only God knows what problem he faced to abruptly refuse; perhaps he was never asked for his opinion, but there’s no question, for example, of entering his home to intervene without his prior consent, which he may never have given.
To save money, they didn’t stay on public roads or accidentally shifted a pole by a few centimeters; who knows.
There are indeed installations where no intervention can take place without the owner’s consent. To save a pole, they entered his property to use his facade to fix an electrical line. As long as the installation is still operational, the case drags on.
The basic "logic," not to mention the savings the company can make and without entering into a debate, is that they move a pole or put one in to remain on public land. Around here, furthermore, everything is underground and they do it on public roads.
