How To Negotiate A Land Lease For A Cell Tower

Negotiating a land lease for a cell tower includes many different things that need to be considered

. It can quickly become stressful and confusing for a land owner to try to remember all of the important points that they need to. If a cellular phone company has contacted you about putting a tower up on land that you own, there are certain things you will be responsible for and certain things you need to make sure that the cellular company does for you.

Among some of the things that you will want to keep in mind is the fact that you will want to make sure that your property is going to be easily accessible to the wireless carrier at all times. However, make sure that their access to your property is going to be limited to the parcel of land only that has the tower on it. This should clearly be stated in your land lease for cell tower. You should also require that the carrier secures the site as well as your entire parcel for entry and exit.

The lase also should contain a clause that requires the carrier to maintain insurance at all times on the property and that they maintain liability on it at all times as well. It is typical that in a lease of this nature that land owners require that they are named as an additional insured under all of their insurance policies. At the same token, land owners need to inform their own personal insurance company that a cell phone tower has been installed and that they have entered into a land lease for a cell tower.

As the land owner, you need to also require that the agreed upon land lease for a cell tower includes any appropriate indemnity terms that require the carrier to indemnify you against any injuries, damages or claims that result from the carriers use of your land. Make sure that environmental contamination is also included. You as the land owner can increase the value of the agreement on your end by requesting the payment of a share of the real estate taxes by the carrier. The carrier should also pay for a portion of the utilities that are used at the site, including any electricity. If a Land Use Change Tax is imposed, the carrier should have no problem covering that fee as well.

Make sure that you require a guarantee of payment and that the carrier is required to notify you of any sub leasing that might occur with your land lease for a cell tower.

by: Phoenix Delray

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