Voted Best Answer
Oct 20, 2019 - 12:47 PM
It is perfectly legal to retain the lease provided that there is disclosure. The actual legal mechanism will vary from state to state, but as long as they disclose that they are keeping the lease and that you won't receive the income, there is no issue. In fact, we sometimes recommend to our clients that they do this as it is very rare that a property buyer will pay what the lease is worth.
To answer your second question- the easement is like any other easement. For example, if you have a utility easement that runs across your property, you would not be able to charge the utility company for use of the easement. So no, you would not have rights to the revenue from the lease. You would though have responsibilities though to the easement holder.
I would still ask the realtor to see the lease documents so that you can understand what the rights/obligations are for the buyer, seller, and tower owner.
Hope this helps.