Removing a Cell Tower from Your Property: A Comprehensive Guide

Cell phone towers have become a common sight on many properties, often with long-term leases that can benefit property owners. However, situations arise where you may wish to remove a cell tower from your property. This article provides a detailed guide on how to proceed.

Understanding the Lease and Contract

Before you consider removing a cell tower, it is essential to understand the lease and contract in place. Many property owners enter into agreements with telecommunications carriers, such as ATT, Verizon, and T-Mobile, for the installation and maintenance of cell towers. These agreements typically span 15 years, and the carriers pay significant rents. Breaking such a lease can be challenging and may result in legal and financial complications.

Even if you suspect that you do not have the paperwork, companies pay extremely well for tower placement, and contracts are very specific. Disregarding the lease without proper legal justification can lead to disputes and financial penalties.

Legal Considerations and Property Rights

If you discover a cell tower on your property and are unsure of the contract status, the first step is to delve into the legal and contractual aspects. Here are some key points to consider:

Identify the current owner and lessee of the tower. This can usually be found on the tower itself, which often displays contact information for the company. Contact the company and request information about the lease or easement. They can provide you with the necessary details and may be willing to negotiate early termination or modification of the lease. Check if the installation of the tower required a building permit. If a permit was needed and not obtained, local authorities can enforce removal. Assess any legal avenues if the tower installation was done without proper permits or if there are issues with the contract.

Physical Removal of a Cell Tower

Removing a cell tower from your property, whether it is a guyed uniform cross-section tower or an Eiffel-style tower, requires careful planning and due diligence. Here is a detailed process for removing a guyed uniform cross-section tower:

Removing a Guyed Uniform Cross-Section Tower: Cutting the guy wires on one side can be an effective method. However, it is crucial to wear protective gear as the guy wires can store significant energy and may whip dangerously when released. Removing an Eiffel-Style Tower: Cutting two adjacent legs of the tower can work. For added safety, secure a cable to the opposite side of the tower and connect it to your pickup truck for stabilization. Engaging Professionals: Demolition companies have the experience and equipment to safely remove towers. They can ensure that the process is carried out without causing damage to surrounding structures or posing any safety risks.

Financial and Legal Consequences

Attempting to remove a cell tower without proper authorization can lead to financial and legal repercussions. Cell towers can be quite expensive to install, and the absence of a properly executed lease can result in significant legal fees and penalties.

In some cases, property owners have successfully removed or compensated for cell towers. For instance, a woman who unknowingly purchased a property with an unmentioned tower on it sued for back rental payments, amounting to six figures.

It is crucial to approach the situation with care and professionalism. Understand the lease, consult with legal experts, and consider the potential financial and legal ramifications before proceeding with any removal efforts.

Frequently Asked Questions

Q: Can I just remove the cell tower without permission?

A: No, removing a cell tower without proper authorization can lead to legal issues, including damage to property and personal injury. Always seek the consent of the lessee or seek legal advice.

Q: What if the tower is on a neighbor's property?

A: If the tower is on your neighbor's property, it is not considered a mobile tower. Contact local building permits offices to check if a permit was necessary for the installation. If no permit was required or obtained, the inspector can deal with the issue.

Q: How do I determine who owns the tower?

A: Check the tower for contact information and reach out to the company. If no information is available, property records or legal research may be necessary to determine ownership.

By understanding the legal and operational aspects of cell tower management and removal, you can make informed decisions and take appropriate actions to address any cell tower on your property.