Nov 09, 2015 - 01:48 AM
This is a very typical question. The answer though isn’t simple. It depends upon two documents- the easement purchase agreement and the original lease agreement. Typically your rights are spelled out in the lease agreement between the prior property owner and the tower owner. However, once the lease is sold, those rights may change depending upon who buys it.
If the lease is purchased by a third party lease buyout company, they will purchase an easement or will take assignment of the lease. However, the original lease is still in effect. So while the third party lease buyout company may take some of your rights as landowner, those rights still exist. (the right to claim breach for failure to maintain the site for example) However, you may have to go to the lease buyout company first to effect these rights.
If the lease is purchase by the tower owner, then the purchase agreement will likely assume the lease and may add obligations to landowner or remove rights that the landowner may previously have had.
In either case, the only way you will know what rights you have is to get a copy of the lease agreement and the easement purchase agreement. To do that you will need to contact the company that bought the lease. If you aren’t sure who this is, you will need to check with the clerk of court’s office to see who recorded a notice of easement or notice of lease.