Telecommunication Agreements
We act for landowners in respect of the grant of leases to telecommunication companies who wish to erect phone masts on suitable sites. Such leases are complicated and require careful negotiation once initial agreement has been reached. Common legal issues to be addressed include:
Land Leases
The telecommunication company is likely to try to obtain a lease of as much land and, more importantly air space, as possible. This will enable the company to add further satellite dishes and related hardware on the mast at a future date, at no extra cost. It is important when acting for landowners to protect their interest so that any increase to the size of the mast at a future date prompts a renegotiation of the lease and an additional rental fee to the landowner.
Non Renewal of Leases
The landowner is likely to want to ensure that the telecommunication company does not have any right to renew the lease. However, it must be noted that although contractual provisions can be put in place in this regard, these can be overridden by procedures set out in Schedule 2 of the Telecommunications Act 1984, which permit a company to demand a new lease.
Rights of Access
It is also important when negotiating these leases to consider what rights of access are required by the telecommunication company to gain entry to the leased land and the landowner should be careful to ensure that the amount of disturbance caused by the exercise of these rights is limited.
If you would like to find out more about how we could help you, please complete our online enquiry form or telephone us for some initial guidance.
