Salyersville, KY asked in Land Use & Zoning and Real Estate Law for Kentucky

Q: We bought land in Ky and was not informed about a cell tower or easement leading to it. What can I do?

Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Real Estate Law Lawyer
  • Knoxville, TN

A: You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement only if the cell area is a separate tract. Your Deed may be partially Champertous. This will be expensive and difficult. A survey may be needed. It appears that you and your lawyer did not check the property out prior to purchasing it, which might be used against you.

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