Most likely, yes. Tower companies tend to move slowly to avoid necessary payouts, so hiring a competent telecom attorney is crucial. However, choose an attorney who won't alienate the tower company or inflate billable hours, as this can hinder negotiations. Some attorneys may seek more than the tower's worth. A consultant, less emotionally involved, can provide valuable guidance and prevent potential risks that an overly aggressive attorney might overlook.

This question comes up frequently, often involving heirs inheriting a lease or it being sold without their knowledge. If you're in a tough situation, finding a default on the tower company's part is key. Look for issues like incorrect tower placement, unauthorized space use, missed payments, or lease violations. While it's challenging, older leases from the late 90s or early 2000s may have overlooked issues that can be enforced now. Newer agreements cover these past problems for cell tower companies.

Depending on the severity of the encroachment, you have an opportunity to negotiate additional rent or a one-time payment. Don't sign anything without expert review of the tower company's documents. Sometimes, they ignore issues until you push back. Sending a default notice shows you're serious and speeds up responses. Tower companies often underestimate property owners' willingness to pursue legal action. However, if they're clearly at fault, firm action may be necessary to resolve the encroachment.

You're in luck! In such cases, negotiating a great deal is possible, especially if the tower company has added tenants over time. They prefer not to lose that revenue or incur the high cost of building a new tower. Hire a cell tower consultant to assess and negotiate a fair deal. Beware of consultants who ask for monthly residuals; it's not recommended to work with them. At JP Tower Consulting, we don't ask for monthly residuals, believing our services should not entitle us to them. Be assertive yet patient, and you can secure a lucrative deal.