Saint Joseph, MO asked in Contracts, Real Estate Law and Estate Planning for Kansas

Q: Mother wants to sell a cell tower??

My mother has rights to land that her deceased spouse gave her upon his death. On one piece of land, there is a cell tower that she wants to sell. To complicate matters, the land that the cell tower is on has been willed by her deceased spouse to his nephew when my mother dies. Can she sell the tower?

1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of the real estate. There may also be a contract or lease that was agreed to by the landowner that may affect whether the tower may be removed without the landowner's consent and by whom. An attorney giving advice in this situation would want to know the details about the land ownership, the written agreement under which the tower was raised on the property, and the history of use or non-use and payments under the terms of the tower contract/lease that could affect rights under the terms of the contract/lease. Seeking advice from an attorney would be a prudent step.

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