ABSTRACT
This chapter considers what rights the landowner has with respect to abandoned apparatus. It is to be noted that, although the terms of paragraph 22 are headed 'abandonment of apparatus', the word 'abandonment' is not referred to in the substantive provision itself. 'Abandonment' is referring to the fact that the apparatus is no longer being used for the operator's network and of there being no reasonable likelihood that it will be so used. Where apparatus has been 'abandoned' within the terms of paragraph 22, the landowner, in order to exercise a right of removal, is, nevertheless, required to serve a notice pursuant to paragraph 21 of the Old Code. The right to keep the apparatus installed ceases where both conditions are satisfied. It would appear that the entitlement to keep the apparatus installed terminates immediately if, objectively, it may be said that the two conditions are satisfied.
