Electronic Communications Code
Putting a communications mast and equipment on your land might seem like a useful source of income. But landowners need to be aware of the pitfalls hidden in agreements. Here, Peter Bridgwater from our Commercial Property Team outlines what needs to be considered.
- While allowing an communications operator to install masts and equipment on your land is a good revenue earner, there are issues that need to be considered:
- Communications masts and equipment are covered by the Electronic Communications Code (ECC)
- Landowners need to think about a formal contract or lease for the arrangement: and they should take expert advice on the terms
- They should also carefully consider their long term plans for the land
- The ECC gives operators rights to install, repair or inspect apparatus over or on the public highway, overhead lines on all land, tidal waters and railways
- Once installed, the landowner may not be able to demand the removal or alteration of the apparatus – there is a formal process with the final decision by court order
- Operators can sublet their interest to other operators without the landowner’s consent, and the landowner is unlikely to receive extra payment
- Legal advice at an early stage will protect the landowner and avoid expensive disputes
Peter Bridgwater can be contacted at peterbridgwater@stones-solicitors.co.uk
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