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TELEGRAPH ACT 1863 - SECT 21

21. The [Post Office] shall not place any work by the side of any land or
building, so as to stop, hinder, or interfere with ingress or egress for any
purpose to or from the same, or place any work under, in, upon, over, along,
or across any land or building, except with the previous consent in every case
of the owner, lessee, and occupier of such land or building, which consent, in
case of any land or building belonging to or enjoyed by the Queen's most
excellent Majesty in right of her Crown, may be given by the [Crown Estate
Commissioners], or one of them, on behalf of Her Majesty: Provided always,
that..., if the body having the control of any street..., consents to the
placing of works by the [Post Office] in, upon, over, along, or across that
street, then and in every such case that consent shall (unless it is otherwise
provided by the terms thereof) be sufficient authority for the [Post Office]
without any further consent, except as to any land or building belonging to or
enjoyed by Her Majesty in right of her Crown, to place and maintain a
telegraph over, along, or across any building adjoining to or near the street,
and situate within the limits of the district over which the powers of the
consenting body extend, or over, along, or across any land, not being laid out
as building land, or not being a garden or pleasure ground, adjoining to or
near the street and situate within the same limits, subject nevertheless [to
the provisions of sections 23 to 29 of this Act and] to the following
provisions:

Para.(1) rep. by SI 1973/2095

(2)Where the [Post Office] by virtue of the authority so conferred places a
telegraph directly over any dwelling house, they shall not place it at a less
height above the roof thereof than six feet, if the owner, lessee, or occupier
thereof objects to their placing it at a less height:

(3) If at any time the owner, lessee, or occupier of any building or land
adjoining to a building, directly over which building or land the [Post
Office] by virtue of the authority so conferred places a telegraph, desires to
raise the building to a greater height, or to extend it over such land, the
[Post Office] shall increase the height or otherwise alter the position of the
telegraph, so that the same may not interfere with the raising or extension of
the building, within fourteen days after receiving from the owner, lessee, or
occupier a notice of his intention to raise or extend the building, or, in
case of difference between the [Post Office] and the owner, lessee, or
occupier as to his intention, then within fourteen days after receiving a
certificate, signed by a justice of the peace, certifying that he is satisfied
of the intention of the owner, lessee, or occupier to raise or extend the
building:

(4)The [Post Office] shall make full compensation to the owner, lessee, and
occupier of any land or building over, along, or across which the [Post
Office] by virtue of the authority so conferred places a telegraph, and which
may be shown to be in any respect prejudicially affected thereby; the amount
of such compensation to be determined in manner provided by the said Lands
Clauses Consolidation Acts respectively and any Act amending those Acts for
the determination of the amount of compensation with respect to lands
injuriously affected:

Post Office not to place telegraphs above ground, and posts, within certain
distance of dwelling houses, &c. without consent of occupier, &c.

© 1863 Crown Copyright

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