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Old 03-20-2017, 06:02 AM   #1
Rustythebeagle
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Default Cell Tower Lease

I've been approached about a company placing a cell tower on my property. Does anyone have any experience as to the contract terms, lease rates, etc?
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Old 03-20-2017, 06:06 AM   #2
friscopaint
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I probably wouldn't hesitate if the deal was sweet enough and my place big enough. I'm on 30 acres and it would devalue mine so much and the wife would go nuts !!!!
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Old 03-20-2017, 06:44 AM   #3
PanhandleAggie
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I do have experience with the landowner side of contractual agreements, etc. I handled title and land work for a local ranch and we renewed the old leases that had expired and revised the lease to reflect compensation for subleasing of the tower. A lot of landowners do not realize that the owner of the tower will sublease tower space to other entities. What we put in place on top of the compensation for the lease was to get a percentage of the sublease profit. Make sure you get the sublease language in your agreement. More than likely they'll give you a lease package and you'll redline the crap out of it. If you have an attorney friend who deals in O&G or land work it would be well worth your time to get them involved.
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Old 03-20-2017, 10:12 AM   #4
Rustythebeagle
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Thanks! That is the type of insight I am looking for! I'm interested in what the typical lease rates/commercial terms would be in the area. I'm a lawyer (non practicing/industry based) and am at least fairly comfortable negotiating/assessing the impact of the non-commercial items.
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Old 03-20-2017, 10:20 AM   #5
RogueSamurai
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Quote:
Originally Posted by PanhandleAggie View Post
I do have experience with the landowner side of contractual agreements, etc. I handled title and land work for a local ranch and we renewed the old leases that had expired and revised the lease to reflect compensation for subleasing of the tower. A lot of landowners do not realize that the owner of the tower will sublease tower space to other entities. What we put in place on top of the compensation for the lease was to get a percentage of the sublease profit. Make sure you get the sublease language in your agreement. More than likely they'll give you a lease package and you'll redline the crap out of it. If you have an attorney friend who deals in O&G or land work it would be well worth your time to get them involved.
This. Very much this. I've done a lot of land/title work etc as well and you definitely want an attorney to look at it. Also, food for thought, if you hunt your place, you might want to regulate when the construction is done. Nothing so infuriating as trucks rolling up in the middle of a hunt.
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Old 03-20-2017, 09:57 PM   #6
Ruark
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I've heard you have to be really careful with these arrangements. E.g. what if the tower is no longer used? Does somebody maintain it? Remove it? I found a good discussion on this question some time back, and still have the link:

https://texags.com/forums/34/topics/649637
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Old 03-20-2017, 10:15 PM   #7
lilavidhunter
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Quote:
Originally Posted by PanhandleAggie View Post
I do have experience with the landowner side of contractual agreements, etc. I handled title and land work for a local ranch and we renewed the old leases that had expired and revised the lease to reflect compensation for subleasing of the tower. A lot of landowners do not realize that the owner of the tower will sublease tower space to other entities. What we put in place on top of the compensation for the lease was to get a percentage of the sublease profit. Make sure you get the sublease language in your agreement. More than likely they'll give you a lease package and you'll redline the crap out of it. If you have an attorney friend who deals in O&G or land work it would be well worth your time to get them involved.
I hunt on property with a cell tower. We currently have 14 locks on our gate for the different sublease contractors. It is amazing the traffic/maintenance that is done on this Tower.
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Old 03-21-2017, 06:08 AM   #8
Rustythebeagle
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Thanks for all the responses; that was a great thread on the TexAg website. All this information certainly helps.
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