Property law - can anyone help with satellite dishes and trespass?

[king12345]

You should disregard everything you've read in that link.

 

It relates to a different company in a different country and is not the same as in England.

 

When you sign up to sky or any other provider, UNLESS CLEARLY SPECIFIED IN THE CONTRACT, you do not own the equipment.

Same as anything else on "lease" to you.

I.e.: Tesco club card, TfL oyster card, water gas and electric meters, sewage pipes, parking permit, bt sockets and cables, etc. etc. etc.

That's not open to opinions, it's a fact.

If the op wants confirmation of it, will need to contact sky in writing as said and if sky doesn't own the dish they will say so

[Ganymede]

Taken from Sky UK's currently terms and conditions:

 

"On installation the Digital Satellite System will become your property, except for the software in your Box, which is owned by or licensed to us or another member of the Sky group. You must allow SSSL to update this software by sending signals via satellite to your Box.

 

Sky will select the make and model of the equipment to be supplied to you... "

 

 

Please do not take down the dish and return it to Sky.

[Ganymede]

When you sign up to sky or any other provider, UNLESS CLEARLY SPECIFIED IN THE CONTRACT, you do not own the equipment.

Same as anything else on "lease" to you.

I.e.: Tesco club card, TfL oyster card, water gas and electric meters, sewage pipes, parking permit, bt sockets and cables, etc. etc. etc.

That's not open to opinions, it's a fact.

If the op wants confirmation of it, will need to contact sky in writing as said and if sky doesn't own the dish they will say so

 

 

No, that is your opinion based on what you think you know and not a fact at all.

 

Your analogies are flawed, a Sky contract is more akin to a mobile phone contract wherein the phone becomes your property once you sign up to the contract.

[caledfwlch]

No, that is your opinion based on what you think you know and not a fact at all.

 

Your analogies are flawed, a Sky contract is more akin to a mobile phone contract wherein the phone becomes your property once you sign up to the contract.

 

Not according to Sky. A mobile phone contract states how much of the monthly fee goes to paying off your phone so it becomes your property, not seen that on sky.

[Ganymede]

Not according to Sky.

 

 

Sky's terms and conditions would disagree with you.

 

And my mobile contract makes no mention of any such thing.

[king12345]

Taken from Sky UK's currently terms and conditions:

 

"On installation the Digital Satellite System will become your property, except for the software in your Box, which is owned by or licensed to us or another member of the Sky group. You must allow SSSL to update this software by sending signals via satellite to your Box.

 

Sky will select the make and model of the equipment to be supplied to you... "

 

 

Please do not take down the dish and return it to Sky.

 

These are the current t&c.

We don't know what t&c apply to the op's neighbour as he could have been with sky for 10 years with different t&c.

It's best to err on side of caution and write to sky to clarify ownership of the dish as said.

Giving the dish to the neighbour and then being invoiced by sky for THEIR dish is not something the op should risk.

That's why we all suggested to write to sky first.

[Ganymede]

These are the current t&c.

We don't know what t&c apply to the op's neighbour as he could have been with sky for 10 years with different t&c.

It's best to err on side of caution and write to sky to clarify ownership of the dish as said.

Giving the dish to the neighbour and then being invoiced by sky for THEIR dish is not something the op should risk.

That's why we all suggested to write to sky first.

 

The OP says a new neighbour had a new dish installed on 1st November 2015 so the current terms and conditions are correct.

 

You need to get over this misconception that Sky own the dish and box.

[Guest]

Equally, nothing stops the OP from putting up something that oops, blocks the reception of the dish, such as a thick lead panel nailed in front.

 

 

that cld be a way forward if they're not amenable. they'll soon move their dish (which by the way is not 'ancillary' or the like. guttering for eg over a boundary line (which is the wall in your case) maybe (and which wld allow access for repair/maintenance to it), but not a (luxury) sat dish)

there could be an issue of 'acquiescence' (as bankfodder mentions) maybe re an easement for eg, but maybe unlikely re actual adverse possession?

[StormWarrior]

Adverse possession is not an issue at all, so don't worry about that.

Previous trespass on the land is also a non-starter. No damage = no claim.

 

As to the issue of 'tresspass' into your airspace, see Laiqat v Majid [2005] EWHC 1305

 

I would suggest that a solictors letter to the effect be sent to the neighbour, and a letter to SKY removing any implied right of access.

[cookie_monster]

Adverse possession is not an issue at all, so don't worry about that.

Previous trespass on the land is also a non-starter. No damage = no claim.

 

As to the issue of 'tresspass' into your airspace, see Laiqat v Majid [2005] EWHC 1305

 

I would suggest that a solictors letter to the effect be sent to the neighbour, and a letter to SKY removing any implied right of access.

 

The legal advice I received today matches your advice storm warrior. They advise that the dish constitutes a trespass, no doubt about it. Solicitors letter to my neighbours is in the post and I will be writing the letter to Sky tomorrow.