Property owners who lease their land or property to a cell tower company typically retain certain rights related to access to the site. The specific rights and access provisions are typically outlined in the cell tower lease agreement. These rights can vary depending on the negotiated terms, but here are some common considerations:
- Access Rights: Property owners typically retain the right to access their property, subject to the access provisions outlined in the lease agreement. The lease should specify the conditions under which the cell tower company can access the site and any restrictions on access.
- Right of Entry: The lease may include a “right of entry” clause that grants the cell tower company the right to enter the property for the purpose of constructing, maintaining, and operating the cell tower and related equipment.
- Access Procedures: The lease should outline the procedures for accessing the site, including advance notice requirements. Property owners often require the cell tower company to provide notice before entering the property.
- Emergency Access: The lease may specify procedures for emergency access to the site in cases of equipment failure or other urgent situations. Property owners typically allow emergency access to ensure the tower’s continued operation.
- Safety and Security: Property owners may retain the right to enforce safety and security measures on the property, such as limiting access to certain areas or requiring the cell tower company to comply with specific safety protocols.
- Landscaping and Property Maintenance: Property owners may have the right to maintain landscaping and vegetation around the tower site, subject to any restrictions to ensure signal integrity and tower safety.
- Environmental Compliance: Property owners may retain the right to enforce environmental compliance measures to prevent contamination or disruption to the site.
- Modification Approval: The lease may require the cell tower company to obtain the property owner’s approval for significant modifications to the tower or related equipment.
- Non-Discrimination: Property owners often have the right to ensure that access and maintenance provisions are applied fairly and equally to all carriers and tenants on the tower.
- Liability and Indemnification: The lease may include provisions related to liability and indemnification, specifying which party is responsible for various types of damages or claims arising from access to the site.
It’s important for property owners to review and understand the access provisions in the lease agreement thoroughly. Property owners should also maintain open lines of communication with the cell tower company to ensure that access procedures and safety measures are followed. If any disputes or concerns arise regarding access rights or procedures, property owners can consult with legal professionals experienced in cell tower leasing to protect their interests and rights.
