Cell Tower / Cell Site - Communications Easement

What is an easement?

An easement is a right to do something or to prevent something over the real property of another.

The granting of an easement differs from both a lease and a license in that, in addition to granting a right, it also
creates an interest in real property. (selling real property interests - 1031 exchange)

For cell sites, communications easements are typically used, this is a private easement and the rights granted by
the property owner are for the specific use of communications.

Provisions of communications easements can include: type of use, length of term, and specify a portion or all of the
property, exclusivity, and services.

What is a communications easement worth?

The answer depends on many factors, but a property owner should keep in mind that an easement is a property
right, an interest in real property, and a property owner should be compensated for giving up this right.

Does an easement encumber my property?

Communications easements affect the title of a property just as liens and mortgages do, and therefore, they are an
"encumbrance" to the property. So the answer is yes, an easement encumbers a property.