Need a person to negotiate on my behalf

endainoz

Hello folks,

I have recently been offered a contract to sign regarding setting up a mobile phone mast on my land and would like to get someone to look over it and to possibly negotiate the fee on my behalf. While I obviously am not looking for specific names, it would be great to be pointed in the right direction. I'm assuming there are certain legal people that would specialize in this type of area?

Victor

It would make sense to have a solicitor experienced in conveyancing and land leases look over the contract. It is probable that most of the solicitors who have substantial experience in this type of work (masts) are those that work for the phone companies or other utilities and that Joe Bloggs solicitors only deal with them rarely. If you are a farmer, then the IFA, ICMSA, etc. might have a panel of such solicitors.

Note that the contract will probably cover both the site and any access route. Important things would be site demarcation, access rights for you and the phone company, access and use for third party antenna users, rent review clauses, removal of works at end of lease and rights regarding renewal of lease.

Again here might be a limited number people with experience on negotiating the financial value. It will probably be best for you if you receive payments from the phone company as follows (a) up-front payment to cover professional advisors and other expenses (b) fee when site work begins / is substantially complete and (c) annual fee.

You also need to consider the tax implications, not just of the income, but also the capital improvements to your property.

NUTLEY BOY

You also need to be careful about potential liabilities that you might incur as part of the contract such as providing indemnities for certain events or undertaking to do certain maintenance works in or around the instaled equipment.

You might need to check with your insurance company too. Liability covers might be invalid if there liabilities assumed under agreement that would otherwise not have arisen.

I am not sure if it is relevant but would the type of title have any impact on OP's legal right to make this contract i.e. a leasehold title as distinct from freehold ?

UrbanFox

In relation to negotiation - as distinct from the technical legal transactions - would a chartered surveyor be of any use ?