Q I have a green British Telecom telephone distribution box within the boundary of my house. I cannot find any reference in the title deeds to indicate that BT has any right for it to be situated there, and would like it removed because I find it unsightly. Who should I contact at BT and what are my rights please?

A Most telephone distribution boxes are located on private land under agreements known as wayleaves. At some time in the past, it is likely that the previous owner of your property entered into a wayleave agreement in return for an annual payment. Because these payments are usually very small indeed, it is not uncommon for the agreements to have been forgotten.

The operator now known as BT Openreach keeps a register of wayleave agreements. Its wayleave hotline on 0800 581525 will explain the procedure to find out if your box is on the register.

Much of the law relating to electronic apparatus is set out in the statutory Electronic Communications Code. Under the Code, even if there is not a wayleave agreement in place, BT Openreach can effectively force one on you. If you refuse to give permission for the box, the operator can serve a notice and eventually apply for a court order requiring you to enter into an agreement.

In some circumstances, the code allows a landowner to require the alteration of telecommunications apparatus. The alteration must be necessary for the purpose of carrying out works on your land and the move must not substantially interfere with any service provided by the operator. I doubt that the box merely being ugly would be enough in this case.

Even if you did have the legal right to insist that the box should be removed, you could not simply disconnect it yourself. There is a procedure for removing telecommunications apparatus under the Telecommunications Code. You will have to give a notice to BT Openreach and it can then serve a counter notice within 21 days. Eventually, the issue may have to be resolved by the court.

In effect, you have no right to have the box moved. However, if you ask the operator nicely, they may be prepared to move the box if you pay for it.

The writer is a barrister at Tanfield Chambers. E-mail your questions to: brief.encounter@thetimes.co.uk

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