Perpetual Communications Easement

A Perpetual Communications Easement gives a tenant the right to use your land for a specific purpose for an indefinite period of time. The easement would allow the tenant the opportunity to access and operate the the cell tower. Agreeing to a Perpetual Communications Easement may limit your options if you ever want to look into using your tower or the land it sits on as collateral.

Land owners may benefit from capital gains tax benefits or characterize the perpetual easement as property that is “like kind” for purposes of tax deferral under Internal Revenue Code § 1031. Land owners continue to own the land, but if the tenant decides they no longer need your land, they have the authority to end the perpetual easement and the land would be free and clear.