Cell Tower Easement Agreement

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View the location of the leased space and easements. Many property owners are looking for our advice on whether they want an easement or an assignment. First, not all hire-purchase companies will accept an assignment. Therefore, if you have accepted an offer from a company that offers only one service product, assigning leases is not an option. Second, you need to consider your tax rate when it comes to an easement or assignment (see previous tax discussion). Third, if you are a real estate investor and want to follow a 1031 exchange with the proceeds of the sale of a real estate stake, you will likely choose to sell an easement at the base of your property`s cell sites. The attribution and easement documents are structured in the same way and are both recorded in the title of the property; however, an easement creates an interest in the underlying property, while the assignment of rents is ensured only by the rents of the lease. Most hire companies pursue an easement because it is a genuine interest in the property, whereas an assignment of rent is only an interest in the lease. While both documents are legally binding, the interest of the easement is considered easier to apply, both for the owner of the land and for the mobile operator – because there is a legal and well-framed jurisprudence on the rights of the scholarship holder and the affirmation of an interest of servitude.

First get a copy of the actual lease. Don`t rely on a leasing memo. Make sure you receive all changes to the rental agreement, as the main terms often lie in subsequent changes. It is best to obtain them directly from the tenant, whose records are usually complete, while those of the building owner are not normally complete. Only these documents indicate with certainty the charges on the property you buy. Cellular leases have also often been transferred. A current title report or tenancy review indicates the current tenant. The mobile operator can share its rights to use this easement with other workers in the building, utilities, surveyors, etc. You can even share your rights with other mobile operators, increasing traffic on your land.

Would you mind massive cranes and construction vehicles crossing your property and strangers coming and going whenever they want? Our neighbor has a mobile phone mast on his property. It is an old lease that expires and will soon be renewed. It was a difficult place to build for the mobile operator and they had to get an easement from our Homeowner`s Road Association and us – because they have to cross our property to drive the electricity and cable to the tower. Now they also want to renew our service agreement, but we think the price they offer is low. We told them to find another way around our country to access the mobile phone mast, and they told us they already had another way around the property. You only pay us about $400 a month and it`s an important website from what I can say. Have we negotiated our outcome to the agreement? Is your company helping to negotiate the servitude of the tower? Before we dive into the details of a 1031 exchange, we should briefly summarize what it entails to buy mobile phone tower contracts. . .

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