Jon:
Marianne in Taylors Lake; hello Marianne.
Marianne:
Hello, David. I’m just calling regarding denial of access. I have been refused, for myself and my telecommunications technician to check the integrity of a phone line or phone cord, that services landline and internet, and that runs on the side of a brick wall that is situated on a property line. So the neighbour has said no.
DW:
So someone’s come along when your property was constructed and they’ve put the telephone lead, or the telephone line, that thin cream piece of plastic, on the outside of the wall but on the neighbour’s side of the boundary is that right?
Marianne:
Yes. Just to clarify I am in Taylors Lakes, but the property is in Elwood. The property is early last century.
DW:
Yes.
Marianne:
And there’s a phone pit and the line runs underground and then it comes along a wall, sort of up the level of this air vent.
DW:
Marianne, you have no right to access your neighbour’s property.
Marianne:
What about my telecommunications technician?
DW:
I don’t think they have access to the property. But you don’t. I had a situation where the damp course had failed. A brick wall to the boundary, the damp course failed and the people next door kept watering their garden and it was my client’s wall. We had no right of access at law to their property to fix the damp course.
Marianne:
Yes; but this would be access for the telecommunications provider.
DW:
Unless the telecommunications provider has access under the Telecommunications Act the answer would be no; but you personally have no right of access.
Marianne:
Well it wouldn’t do me any good, I couldn’t fix it. Email has replaced the post as a postal delivery device and wouldn’t that be, by withholding permission, be interfering with the delivery of mail?
DW
No, you could get it wirelessly on your phone if you wanted to.
Jon:
Can we deal with the fundamental problem? Why can’t your neighbour be persuaded to do the right neighbourly thing?
DW:
I would have thought the neighbour would want the cable moved.
Marianne:
Well there is an issue. There’s a drainage issue between the two properties that is before VCAT.
Jon:
So you were already at loggerheads before this came along?
Marianne:
I’m now appearing as if I’m implying that my neighbour has deliberately cut my phone line.
DW:
No, we’re not suggesting that for a moment. I don’t think you are. There’s a problem with the phone line. Do you have a right of access to your neighbour’s property to check the phone line? The answer is that the telecommunications company might under the Telecommunications Act, but you don’t.
Jon:
Alright Marianne that’s as far as we can go with that one.