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As real estate values rise, building usage change, and cell phone and Internet communications become universal, wireless telecommunications companies have become popular defendants in civil court. In certain instances, owners are examining their rooftop antenna agreements to determine if they can terminate them. Many of these owners wanted to demolish the buildings, convert from commercial to residential buildings, or add multiple uses for their rooftop property. Battles for control over the rooftops of these buildings have become a high-stakes game. This article attempts to arm building owners with a few tools to negotiate a better and more lucrative rooftop agreement.
License Agreeement
The most powerful weapon for negotiating the most favorable agreement is to use a license agreement instead of a lease. Chief among the owner-licensor's rights in a license relationship is the right to revoke the license “at will” and to use “self-help” to remove a defaulting licensee from the licensed premises without having to endure months or years of lengthy and frustrating litigation to regain possession of valuable real estate. However, we recognize that some telecommunications companies will insist on a lease. Accordingly, for purposes of this article, we will refer to “occupancy agreements” when describing concepts applicable to both types of agreements.
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