Utility Poles - ownership / usage rights

[ArranP]

About 10 years ago, my neighbour installed utility poles, spanning approx 300 meters across privately owned land ( not his land ).

 

I have come to install fibre internet across these poles, my neighbour has requested that I pay them 100,000 baht to use these poles ( he installed 10 years prior ).

 

Several people local to the village commented that I should not need to pay to use the poles, as they have been there for more than 6 months.  I.e. villagers claim that utility poles that are privately installed, become available for public use after 6 months, if I wanted to use them in the first 6 months I should pay, but after 6 months there is no need to pay as they automatically become available for public use.

 

The fibre has now been installed across the poles, my neighbour has been to the police and is requesting I that the internet line be removed from the poles or I must pay 100,000 baht.

 

I would like verify the availability of these poles for public use and would welcome any advise on how I can go about this.

 

 

[CharlieK]

I think you are right. I wanted to get electricity to a plot of land. The electric company would install the poles. Even though we would have paid for the poles and installation If others wanted to use the poles, they were free to do so. So I think you are being scammed. I suggest go speak with a lawyer and end this before it gets too far.  

 

Sounds like he is trying to get back the cost of installing the poles in one go, That's too much money for hanging wires from.

Edited February 25, 2020 by CharlieK

[Crossy]

Where is HIS meter?

 

If the poles are after the meter they are his and you have to ask nicely.

 

Before the meter and they belong to PEA and you have to ask them.

 

How are you getting power? Can the fibre not use those poles?

 

You certainly shouldn't have strung fibre without the permission of the owner be it the neighbour or PEA (the internet company likely have a blanket permission from PEA). What have the police said, if anything?

 

And I agree, 100k to use the poles does seem excessive.

[ArranP]

6 hours ago, Crossy said:

Where is HIS meter?

 

If the poles are after the meter they are his and you have to ask nicely.

 

Before the meter and they belong to PEA and you have to ask them.

 

How are you getting power? Can the fibre not use those poles?

 

You certainly shouldn't have strung fibre without the permission of the owner be it the neighbour or PEA (the internet company likely have a blanket permission from PEA). What have the police said, if anything?

 

And I agree, 100k to use the poles does seem excessive.

 

I installed off-grid solar for electric and intend to extend this as required, the electric here up and down all the time.

 

The poles are before my neighbours meter, but after their transformer.  The poles are of the the smaller size and run across private land that is not my neighbours.

 

I bought some blue pvc pipe to house the fibre cable, my intention was to use this initially, however after hearing the same from several different people, that the poles become available for public use after 6 months, I decided to use the poles.

 

So now, as my neighbour has contacted the police, we are being asked to take down the fibre, I would like to clarify if the poles are available for public use or not and would like advice on how I can establish this ?

 

In the UK I would contact Enviromental Planning department.  In Thailand is it the Or Bor Tor Office... which government office would control the use of utility poles ?

Edited February 25, 2020 by ArranP

[Crossy]

In the first instance I would contact your local PEA (Provincial Electricity Authority), they likely own the transformer and the poles even if the neighbour actually paid for them.  Take a photo of the meter as it has an ID number that will help them identify the installation.

 

Are the poles marked? Ours are embossed "PEA" and the manufacturing date? (although these are actually our poles being after the meter)

 

It's also worth talking to your Puyai Baan (village head). If nothing else he should carry the respect of the neighbour to help negotiate a more reasonable rate, although his going to the police (if he did indeed go to the police and they actually woke up for a simple trespass case) suggests he's already playing hardball. Maybe offer to share your high-speed internet with him.

 

Does your ISP offer a WiMax solution? We had it from ToT for a couple of years until the village got fibre. More than adequately fast and no worries about running cables. 

 

The poles are not available for "public use", ever, you can't just hang whatever on them (I know it may look like that), there's permission required and possibly a fee to pay. Who ran the fibre, you or the ISP chaps?

 

EDIT If you ever decide to get grid power PEA will likely hang your meter next to his and power from "his" overhead cables. That should prove fun.

 

 

[ArranP]

I thought the meter was on my neighbours land at the end of the string of poles, but it is not, he has placed his meter 300 meters away on the PEA pole, so all the poles he installed are after the PEA meter, and all on private land all be it not his land.

 

I see no alternative but to use some pvc conduit and to feed the fibre line though and lay it on the ground along side the string poles.

 

I have off-grid solar, I see no point paying for my own poles or paying 100,000 baht just for the fibre internet

 

 

Edited February 26, 2020 by ArranP

[Crossy]

It would be PEA who decided where the meter goes, but that doesn't really matter now.

 

Have you tried negotiating a lower price for using his poles? It's reasonable that he would want some return. Try a sweetener "would you like fast internet for free?".

 

And, importantly, have you asked the landowner if you can run your conduit across their property?

 

[ArranP]

4 minutes ago, Crossy said:

It would be PEA who decided where the meter goes, but that doesn't really matter now.

 

Have you tried negotiating a lower price for using his poles? It's reasonable that he would want some return.

 

And, importantly, have you asked the landowner if you can run your conduit across his property?

 

it is a private road with right of way for me and my neightbour, wifey tells me right of way includes, placing electric poles, internet and water.

 

Its not high on my priority list to shell out 100,000 internet at the moment, plenty of other things to buy first... I'll run the fibre throught the pvc conduit, bury it if necessary, then later possbily move to 5g or revisit the 100k to use the poles at some later date.  otherwise forgoe the fibre and stay with 4g via the mobile at 7mbs.

Edited February 26, 2020 by ArranP

[MikeN]

Well if it is along a right of way, not across somebody’s private land as you first said, then another option would be to put up your own poles ! If they are only going to carry your fiber cables they won’t have to be super-sized, probably around 1000 baht each (max) for hot dip galvanized posts ? If the cables do not have to cross over a road you could even get away with using the precast 3m concrete posts, cheaper but heavier and more labour needed. Even with labour and concrete it should cost less than half of his 100k !

Edited February 27, 2020 by MikeN