Voted Best Answer
Aug 18, 2015 - 03:26 AM
Good morning.
First, there is no federal or state law that I am aware of that would allow a property owner to force the relocation of an access easement from a cell tower site. The only place/way that would be available to you was if there was language within the lease agreement that allows the property owner or subsequent owners to relocate the easement. This is pretty uncommon although we typically advise most of clients to add relocation rights to any lease extension or new lease.
If there is no language in the lease about relocation of the easement, you will need to contact AMT and negotiate to have them relocate the road. It will almost assuredly be at your cost, not theirs. So you will have to decide how important and valuable having the road relocated will be.
Hope this is helpful. If you need further guidance, please contact us at our main line for further help.
Thanks,
Ken
First, there is no federal or state law that I am aware of that would allow a property owner to force the relocation of an access easement from a cell tower site. The only place/way that would be available to you was if there was language within the lease agreement that allows the property owner or subsequent owners to relocate the easement. This is pretty uncommon although we typically advise most of clients to add relocation rights to any lease extension or new lease.
If there is no language in the lease about relocation of the easement, you will need to contact AMT and negotiate to have them relocate the road. It will almost assuredly be at your cost, not theirs. So you will have to decide how important and valuable having the road relocated will be.
Hope this is helpful. If you need further guidance, please contact us at our main line for further help.
Thanks,
Ken
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