Answer
Oct 10, 2022 - 02:06 AM
Hello,
Some cell tower leases have a standard clause granting the tower owner limited power of attorney to submit zoning and building permit applications. Alternatively, the leases have language indicating that the landowner will not impede zoning/permitting efforts. In this case, your lease from the 1990s may not have similar language. (Over time, the carriers started to add the language to prevent this situation from occurring).
Even if the lease does not give them the affirmative right to submit for permits and sign your name, it may be difficult to argue that you were harmed by them doing so. (Especially since they are paying a revenue share.)
There are a few things that are odd here, though- first and foremost that the subcontractor is threatening a lien. Their contract with the tower company/wireless carrier likely prevents them from submitting a lien against the property owner. It is odd, too, that the tower company won't return calls or emails. Most are pretty good about responding.
Check your lease to see whether there is language that prevents the tower company from filing a lien. Also send a formal notice to the tower owner regarding the lien threat. (Certified mail- return receipt requested or via FedEx or UPS) I suspect that the contractor won't go through with the lien fully- but putting the tower company on notice is still prudent.
Ken
Ken
Some cell tower leases have a standard clause granting the tower owner limited power of attorney to submit zoning and building permit applications. Alternatively, the leases have language indicating that the landowner will not impede zoning/permitting efforts. In this case, your lease from the 1990s may not have similar language. (Over time, the carriers started to add the language to prevent this situation from occurring).
Even if the lease does not give them the affirmative right to submit for permits and sign your name, it may be difficult to argue that you were harmed by them doing so. (Especially since they are paying a revenue share.)
There are a few things that are odd here, though- first and foremost that the subcontractor is threatening a lien. Their contract with the tower company/wireless carrier likely prevents them from submitting a lien against the property owner. It is odd, too, that the tower company won't return calls or emails. Most are pretty good about responding.
Check your lease to see whether there is language that prevents the tower company from filing a lien. Also send a formal notice to the tower owner regarding the lien threat. (Certified mail- return receipt requested or via FedEx or UPS) I suspect that the contractor won't go through with the lien fully- but putting the tower company on notice is still prudent.
Ken
Ken
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