Many landowners benefit from favourable rents for radio mast tenancies. With telecommunications operators moving from the 2G to 3G mobile network more sites will probably be required for full network coverage.

You (as landowners) should get specialist legal advice as soon as you are approached by a telecommunications operator. This is partly because operators have certain powers under the Telecommunications Act 1984 as amended by the Communications Act 2003, and these kick in as soon as Heads of Terms have been signed.

We can advise on all the pros and cons, so you can achieve the best result that suits you.

You need to be sure there are no title restrictions preventing you from entering an agreement and that access rights can be provided.

It is also important to think about the long-term consequences. Even after a lease has ended the operator can remain on the property, which could hinder future development opportunities. There is also a complex Electronic Communications Code.

We currently advise landowners on all aspects of the law and code, and guide them through the lease documentation. 

We also act for landowners in dealing with utility providers in sales and grants of servitude rights for telephone cables and connections, overhead and underground electricity lines, mains water, sewerage and gas pipes as well as oil pipelines. 

Our expertise allows you to rest assured that your best interest will be at the heart of any deal.

For more information please contact John Hendry or Adele Nicol.