how can I sell my land and keep tower

by Albert
(PA.)

I have a tower on my land. My buyer for the property has agreed to put an endorsenent in the agreement of sale that I will retain ownership of the ground lease and all revenue comes to me. In order for me to later do a buyout it is also agreed at settlement to give me an exclusive perpetual easement on the communications compound footprint. This gives me an interest in the land. American Tower that owns the tower states this does not matter. When they do a buy out or and another carrier it will be with whose name is on the title. They are the true landowners and they have to sign all documents. Can this work?

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Dec 09, 2013
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starstarstarstarstar 		American Tower purchases perpetual easements all the time
by: Sean (Tower Genius)

LOL... American Tower purchases perpetual easements all the time. I would need to see the language you used in your agreement. Give us a call.

Tower Genius
888-313-9750
Dec 07, 2013
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starstarstarstarstar 		perpetual easement
by: Anonymous

If you have done your perpetual easement properly with an ALTA title policy and have the interest in the land under the american tower equipment, i don't see how you are not the one who holds the title in that portion of land.

If American tower was right, the lease buyers would never buy any leases since they flip them later for profit to American and Crown. And yet the lease buyers keep buying them.

Something is unclear here.

I would have your (savvy in this field) lawyer or Tower Genius look at your easement.
Dec 07, 2013
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starstarstarstarstar 		tricky question
by: Anonymous

If American Tower won't recognize the specifics of your agreement with the new owner, I guess it's all for naught.
I like this site because it brings up issues I haven't thought about. I could have the same situation one day but I am wondering if you couldn't just survey the tower footprint out of the land you sell.

Ask American Tower to be more specific as to why this is unacceptable to them.

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