[WSBARP] cell tower segregation

[Kary Krismer]

Is the seller really gaining anything reserving the lease?  The sales 
price presumably would be higher with the rights transferred, although 
the stream of income would be reduced to present value.  In a low 
interest rate environment that wouldn't be a significant reduction.

Either way I'd be concerned about the seller possibly still being 
responsible for a breach of the lease caused by actions of the new 
buyer.  That may be more likely where they have not assigned the lease, 
but I've not thought about that to any great extent.

Kary L. Krismer
206 723-2148

On 2/9/2021 8:56 PM, Teague Pasco wrote:
> Railroads routinely retain rights to telecommunications leases when 
> they sell right of way  For language, you might look at rail-banking 
> agreements, which should often be available via FOIA or otherwise, or 
> STB filings.  I don't have anything, my work in that area was as 
> corporate counsel.  I would do it by express easement, not agreement, 
> since if I was trying to reserve a right in real estate like that, I 
> would generally favor permanent notice rights over privacy.
>
> pasco at pasco-law.com <mailto:pasco at pasco-law.com>
> Mobile: 360-643-3990 <tel:360-643-3990>
>
>
>
> On Tue, Feb 9, 2021 at 7:13 PM Robert R. Cole 
> <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>> wrote:
>
>     Client wants to sell his real estate but keep the cell tower
>     lease/easement for the cash flow.  How can this be
>     accomplished???  Thanks.
>
>     -- 
>
>     Very Truly Yours,
>
>     Robert R. Cole
>
>     Law Office of Cole & Gilday, P.C.
>
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>
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>
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