perpetual lease

by Sheila

We have 80 acres with a US Cellular Tower in place. They want to do a perpetual lease. What are the advantages and disadvantages of a perpetual lease?

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Oct 17, 2023
perpetual vs. 99 year
by: Anonymous

I have heard that in some States you can't do perpetual, rather a 50 or 99 year max.
Any validity to that?

Tower Genius: yes!

Oct 16, 2023
US Cellular perpetual lease offer
by: Stephen

Sheila thanks for the question.

The answer is going to be different for everyone, but generally, with a perpetual easement sale, once you sell it, it is gone, forever. You get the lump sum payment or the installment payments, but you don't have the ability to ever collect rent again on the cell phone tower.

Everyone is in the same boat with taxes, but after you sell your US Cellular lease check with your CPA about deferring the payment to Uncle Sam by putting the money towards a like kind commercial property in a 1031 exchange transaction.

Perpetual deals will generate higher sales prices than other types of easement transactions.

You might also consider selling the easement for a shorter term, although US Cellular might not like the idea.

Influencing factors can be the presence of a Right of First Refusal (ROFR) in the lease or certain confidentiality language that can prevent you from putting the lease out to bid.

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