Telecommunications

We act exclusively for landlords and landowners whose property interests are affected by the installation of telecommunications equipment.

Telecommunications

Telecommunications operators and wireless infrastructure providers play a central role in meeting the UK’s demand for connectivity.  These businesses need access to land to enhance and maintain those networks through the installation of apparatus and passive infrastructure (such as masts). This equipment is installed pursuant to agreements entered into with landowners.

The new Electronic Communications Code became law in December 2017 and radically altered the landscape in which these dealings take place. The concept of “Code rights” was introduced and the terms being offered to landowners, in many cases, became less attractive, leading to an increase in disputes and litigation.

The “New Code”, as it is known, brought with it a new dispute resolution process through which the Upper Tribunal (Lands Chamber) can be asked to impose an agreement against a landowner’s wishes.  The Tribunal is also the forum for determining many other disputes under the New Code, including removal of apparatus and disputed terms.

Landowners often discover that the existence of telecommunications equipment on land can have cause major difficulties in their dealings with the land, at too late a stage.  At worst, these difficulties can lead to redevelopment plans and land transactions being delayed, often at great cost.  Removal of equipment can be a lengthy process and needs factoring in at the outset of any plans.

Whether you have been approached regarding the installation of equipment for the first time or wish to remove equipment which has been installed for many years, Hägen Wolf’s specialist team can help you achieve your objectives.

What we do

We act for private individuals through to multi-national companies and landed estates.

Areas of expertise include:

  • Termination of site agreements and removal of equipment from land
  • Securing optimal terms for new and renewed telecommunications agreements by working alongside telecommunications professionals
  • Resisting the installation of equipment on new sites
  • Advice on all aspects of telecommunications law in a property context and helping landowners manage risk posed by telecommunications equipment across their estate
  • Development work; ensuring redevelopment plans can proceed with minimal delay caused by existing or future installation of equipment
  • Disputes arising under contract or telecommunications law, such as:
    • Rent arrears claims
    • Compensation claims
    • Access disputes
    • Upgrading and sharing disputes
    • Neighbouring land concerns
  • Where agreement cannot be reached, representing landowners in the Upper Tribunal (Lands Chamber) and the Courts, including:
    • Opposing the imposition of a new agreement
    • Determining the terms for a new agreement which are in dispute
    • Seeking an order to terminate an agreement
    • Seeking an order for removal of equipment

Our Experience

Our team has extensive experience in acting for site providers and major operators in telecommunications disputes at every level, from low-value rent claims to precedent-setting New Code legislation in the Court of Appeal.

We recognise that each client’s objectives are different; our advice is tailored to help you meet those objectives.

Our telecoms specialists

For further information, contact our telecoms specialists, Paul Sagar and Amy Chadwick