Another option to consider...
A few years ago, when Cell Dude knocked on our door about leasing space on
our tower, we knew there could be issues. But we did not know
how desperate the Cell Folks might be to establish a site in our area. So
we told him he could have the tower, and we'd throw in the house and
property for a price that was like double the then-current market value of
the property. That proposal was declined...
However, if one has any inclination to get out of one's current home in the
present post-bubble down housing market, an approach along these lines might
be an opportunity to get out whole. Nothing ventured...
Don N7EF
On Thu, Jul 7, 2011 at 8:24 PM, W7ZZ <w7zz@wavecable.com> wrote:
> I am a retired, although actively licensed, attorney. Agreeing to put a
> commercial use on your tower will cause MANY issues. To name but a few:
>
> 1. Is the zoning for your entire home site correct for commercial use?
> 2. Has the tower itself been permitted under all commercial cell phone and
> other commercial tower codes which include special building codes and
> special zoning codes that apply only to cell phone towers (that often
> require elaborate sight studies as to height and visibility);
> 3. What effect will a commercial usage have on your residential
> homeowner's insurance;
> 4. Do you realize you will be granting the commercial company an easement
> or at least license to be on your property basically any time they want to
> be to service/maintain or just fool around with their antennas, etc??
>
> As I said, "to name a few." Before you even consider this, you should have
> independent, knowlegeable counsel to advise you of the issues involved and
> the ramifications of what seems like such a good deal (all that monthly
> income for doing nothing). I would suggest that you get the company
> proposing this to pay all your attorney fees for you to be fully advised as
> to what you are doing, and then you will see how fast they go away.
>
> By the way, in my "second life," I'm a commercial real estate broker.
>
> No, I will not advise nor consult with hams on these issues.
>
> 73, Doug W7ZZ
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