my rights over telegraph pole obstructing my drive

[karen33]

where i live we have the telegraph pole over hanging our drive by about 12" give or take a few inches, this morning while reversing out of the drive i hit the pole this is not the 1st time because of parked cars opposite my house and having to turn tighter than normal. it has dented in my wing and scraped all the bumper i popped into the body repair shop and it's going to cost over £200 to get repaired, i was wondering if i could make a claim agains open reach on the grounds of the telegraph pole being an obstruction?

[piggynose]

you really need to get legal advice, hopefully someone will help you here. in the meantime you could try CAB, citizens advice bureau

[karen33]

thanks piggynose i will ring them on Monday morning

[factor-fiction]

When you say 'overhanging' I'm not sure what you mean- are you saying that if your drive were extended right up to the road it would be 12 inches inside the extended drive?

If you try to claim you may find you are held responsible for the damage to the pole!

[maclarencat]

Does your drive have a dropped curb? I am surprised a drive has been allowed where the pole already exists and if the drive were there first I would find it hard to believe that they would site the pole in the line of the drive. Either way I think you would find it hard to claim. As you say the difficulty arises when other cars are parked across from you and not at other times. I know its seems unfair but the pole didnt jump out and hit you , you did know it was there . Not fair I know just as its not fair when people park opposite your drive but I think you will find that you have no grounds for a claim. If the pole were on your land you could ask for it to be moved but I am guessing it is on the footpath.

[Mamyalynne]

All the above is correct and indeed if the pole were on your land, you can charge rent, but it seems like you will have to cough up this time unless legal advice proves different.

[karen33]

thanks for all the reply, the pole is not damaged and it was put in when the houses were built in the 60's i looked along the avenue last night and most of the houses have a telegraph pole placed on the public footpath but 12" over the drive way, all the properties were built with drop curbs and driveway's

[buildersmate]

Then you can ask BT to move it but I don't reckon they have any obligation.
It's probably that cars have just got wider over the years.