Q: How can we regain property rights with a cell tower lease issue?

A: If it was not disclosed, you may be able to make a claim against your title policy and/or the seller. If the cell phone company’s right of use is not recorded, you might possibly be able to terminate the lease.

A: It seems like you’re dealing with a challenging situation regarding the cell tower lease. Since the lease was not disclosed during your purchase, you may have a legal basis to pursue action, especially if the lease terms affect your property rights in a significant way. First, it’s important to review the lease agreement itself to understand its terms, including the duration and any potential for renegotiation or termination.

Next, you should contact a real estate attorney who has experience in commercial leases, particularly those related to cell towers. They can help you understand your options, which might include negotiating with the leasing company or exploring legal avenues to challenge the lease based on non-disclosure or other factors. Given that your title insurance didn’t address the issue, you may also want to contact them to inquire if you have coverage for this situation.

Although it’s difficult to regain control over such a lease, having the right legal support can help you determine whether there is any potential for revisiting the terms or negotiating with the company. Keep all documentation related to the purchase and any communications you’ve had with the leasing company. A lawyer should be able to guide you through your next steps based on the specifics of the lease and your goals.

A: It seems like you are facing a situation where the cell tower lease wasn’t disclosed at the time of your property purchase. Since the lease is likely perpetual, it may be challenging to simply "regain" ownership, as the leaseholder likely has long-term rights to use the land for the tower. However, the lack of disclosure could be an issue, especially if the contract failed to mention this lease or if your title search didn’t reveal it.

First, review your purchase agreement, title insurance policy, and any communication from your lender to see if there is any clause about undisclosed leases. It's also important to see if the seller or real estate agent violated any legal obligations by not disclosing this information to you. In some cases, you might be able to pursue legal action for non-disclosure or breach of contract, but it depends on the terms of your agreement.

To address this, consult a real estate attorney with experience in easements, leases, and land use. They will be able to assess the situation and determine if you have any legal options to negotiate with the company holding the lease or potentially seek damages or a resolution.