I’ve been approached by a fiber optic company who wants me to grant a 10’ easement between rows of homes in two of my parks. A total of almost 2000 linear feet. One proposed easement is under a paved road. The other easements incorporate areas where my water/sewer/electric run already. Should I say yes or no to the proposal? Should I charge for the access?
We just agreed to allow a company install fiber lines in one of our parks.
They did not request any kind of “official easement”. We just had to email them written permission to install the lines and “pedestals” I think it was good to allow our customers another internet option.
If they want a written easement from you, I would think more about that and consider trying to get some funds for your time, hassle, and lawyer costs, but also consider the possible positive long term effect on your customer base. Giving your customers another internet option could be a good thing long term.
I don’t have much experience in this subject, but thought I would share my thoughts and limited experience on the subject because we are dealing with a similar situation currently.
We were approached also this year and denied it. They sent a very ‘official’ letter almost requiring our consent. Said all our tenants had been requesting it… which was an absolute fabrication. Easement was right through tenant yards and driveways… hot mess. We denied it- told them to find another way through town.
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You certainly don’t have to allow them into the community. The 10’ easement typically runs along the edge of the road and is standard for all new stick-built subdivisions. Usually gas, electric, communications, fiber all install lines in this 10’ easement. The good part is that they bring a new service to the community, and you have some defined location where all of these utilities sit.
You do not have to allow it, but you could lease the land to them, especially if you could add homes to that area. You would look at the lot rent you would be giving up and then lease the easement to them. I would not sell the the easement. If you are not giving up any spaces, but want to earn additional revenue for land that is otherwise unusable, then determine a yearly lease amount for the land with standard cost of living increases. Otherwise, once you give up that land, you can not use it for any permanent structures and it becomes your problem - not theirs.