Many cell tower lease agreements have provisions by which the cell tower tenant must obtain the landowner’s consent for certain actions. The consent could be to allow the tenant to sell the agreement, to modify the site, or file certain governmental approvals. However, many cell tower tenants view these consents as required. The experts at Vertical Consultants routinely debate the difference between consent and notice with cell tower tenants. For landowner, it is an important distinction, which is why we want you to be as informed as possible.
On the surface, the difference between consent and notice seems obvious. A notice provision only requires the cell tower tenant to notify the landowner of an action. A consent provision requires the tenant to approach the landowner for the landowner’s actual approval. In the majority of cases, under a cell tower lease agreement, a landowner’s consent may not be unreasonably withheld, conditioned or delayed. The question of what is unreasonable is vague, which allows the cell tower tenant to pressure landowners into consenting by taking a stance that the landowner’s consent is required. This simply is not true, and is yet another example of the ways in which tower companies and telecommunications’ companies continue their predatory practices on landowners.
You have a right to determine what is and is not unreasonable. While the cell tower tenant will use the vagueness to take a stance that consent is required, you have an opportunity to take the stance that if the cell tower tenant is increasing its value in the site, you should receive an increased rent.
Negotiating consent terms can be a very adversarial and unpleasant experience, which is why many landowners chose to enlist an expert at Vertical Consultants to handle these discussions. We have helped countless landowners use their consent rights to increase monthly rents, and we may be able to do the same for you. If you have questions about what consent rights you may have, or would like to enlist Vertical Consultants to assist you, do not hesitate to contact us today for a complimentary lease review.
In 2021, Vertical Consultants averaged an immediate 304% increase in rents being received by its clients, and since 2010, has been able to assist its clients in the recovery of over 300 years worth of combined underpaid, and, in some cases, unpaid rents and other expenses that were rightfully due to these property owners located throughout North America.
To learn more about our services, visit https://www.celltowerleaseexperts.com or contact Vertical Consultants at info(at)vertical-consultants(dot)com or 877.456.7552.