Landowner's Property and Utility Company Easements
The general language of the easement granted the utility company certain rights of use, however, it did not permit the use of the easement for telecommunications purposes nor allow the use by third parties. After further discussions and negotiations, the cell phone company ultimately agreed to enter into an easement agreement with our client which included among other things, a monthly rental payment at market rates.
Based on our experience in assisting other clients, we believe that this type of scenario is happening frequently throughout the country. To their detriment, many unknowing landowners assume incorrectly that the cell phone company has the right to use their property and that they are not entitled to any compensation. We suspect, however, that in many instances, the cell phone company does not have such rights and will only negotiate with a landowner when it is brought to their attention. In certain cases, we have found that the cell phone company never even contacted the owner at all and just installed their equipment.
If you have been contacted by cell phone company that has entered into a similar arrangement with a local utility, we can assist you in determining what rights, if any, you have to legally protect your property and seek compensation.