This Week in Real Estate: Right of Entry Agreement
Happy New Year! This Week in Real Estate took a couple of weeks off in order to spread some Holiday cheer.
This week we will look at Right of Entry Agreements.
The Right of Entry or ROE agreement is important to the telecommunications industry because without obtaining an ROE from a property owner, the carrier is unable to enter property to install certain telecommunications equipment and may miss out on tenant sales to a building, meanwhile the property owner may have upset tenants leading possibly to empty lease space because some tenants will not lease or stay in a building that does not have the broadband services they need. ROEs are used to respect the rights of private property owners who must have a legal document in the form of an access agreement between themselves and the carrier for the carrier’s desired access to install, operate and maintain the fiber optic and coaxial cabling and/or wireless antennas (with all their associated appurtenances) common to the installation of the equipment needed to provide its services to building tenants.
The Building Owners’ perspective. Building owners may want some form of compensation for providing to a carrier access to a commercial property with all its disruptions, risks and physical use of space, risers, conduits and power in a building. Also, many owners seek some form of monetary recognition for the revenues carriers will garner from their tenants. In addition, building owners want to make sure the carrier’s work does not interfere with any of the tenant’s access. Further, building owners need to make sure the carrier does not interfere with any other systems within the building and are responsible for any damages that may be caused.
The Carriers’ perspective. The Carriers view their services as a valuable amenity to the commercial property, one that takes care of an important need of the tenant and one that is installed at no cost to the property owner. Further, carriers take the position that, without access to space, riser and conduit, they cannot sell and provide to the property owner’s tenants the services they need.
Subscribe to This Week in Real Estate »
ABOUT JAMES LANDON
Jim Landon has practiced real estate law since 2002 and has been involved in real estate investment and construction for most of his life. Jim’s practice focuses on real estate transactions and land use.
Jim represents individuals and privately and publicly held companies in the purchase, sale, leasing, financing, and development of real property. He also represents title insurance companies on commercial purchases and refinancing transactions, as well as providing third-party legal opinions regarding Delaware law related to Delaware entities.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.
Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.
Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC