Cellphone tower on my property

[Shoema]

A few years back I bought a farm in the Free State near Bloemfontein. This was in 2010. A cellphone tower was already present when I bought the farm and I never really inquired about it. The then owner informed me that I should just stay away from it and let the maintenance crew do their thing every few months. Its now 8 years later and a friend of mine studying law asked me how much the cellphone companies paid me to rent the piece of land. The area where the tower is situated falls in my land. I was unaware that they were suppose to pay me for this. I then spoke to my neighbor and he informed me that the previous owner of the land was still getting paid for the leasing of the ground. I have been unable to make contact with this guy and think he avoids me on purpose because he knows he is not allowed to rent out my land.

My question is, where can I find out whose tower it is? Vodacom, Cellc or MTN? Next who can I speak to at these various companies to find out if there is an agreement in place or not. I will go see an attorney eventually to sue if need be or to draft a new agreement but I want to make sure of my facts before I go see them because even things as silly as sending an email to vodacom will be charged. Therefore i want to get all my facts straight before going to an attorney.

Thanks in advance

 

[LazyLion]

Yoh, what a skelm!

 

[Jet-Fighter7700]

isnt it marked on the fence outside? should have an emergency number and a logo on the outside,

failing that, one can always get opensignal, and check the map to see who owns it,

and yes, you should get paid for that land,

isnt there some reps from vodacom/MTN on here who can help?

 

[Gtx Gaming]

Def sort it out and sign new contract for payment and a sim card that has uncapped internet and calls, just because you can

 

[f2wohf]

Ask the cellphone company to transfer the lease to you, they shouldn’t have any objection (legally they have to pay to the land owner).

You can also go after the previous owner for the unpaid rents.

As mentioned, the operator’s name should be on the fence. Otherwise apps would be able to determine then operator.

Failing this, the surveyor general should have a servitude registered.

 

[namzsteve]

A few years back I bought a farm in the Free State near Bloemfontein. This was in 2010. A cellphone tower was already present when I bought the farm and I never really inquired about it. The then owner informed me that I should just stay away from it and let the maintenance crew do their thing every few months. Its now 8 years later and a friend of mine studying law asked me how much the cellphone companies paid me to rent the piece of land. The area where the tower is situated falls in my land. I was unaware that they were suppose to pay me for this. I then spoke to my neighbor and he informed me that the previous owner of the land was still getting paid for the leasing of the ground. I have been unable to make contact with this guy and think he avoids me on purpose because he knows he is not allowed to rent out my land.

My question is, where can I find out whose tower it is? Vodacom, Cellc or MTN? Next who can I speak to at these various companies to find out if there is an agreement in place or not. I will go see an attorney eventually to sue if need be or to draft a new agreement but I want to make sure of my facts before I go see them because even things as silly as sending an email to vodacom will be charged. Therefore i want to get all my facts straight before going to an attorney.

Thanks in advance

I was like TF, I'd hunter that person down to his grave

 

[Sinbad]

I'd lay charges of fraud and theft against the previous owner.

 

[ToxicBunny]

Definitely charge the previous owner with theft and fraud.....

Then contact the cellphone company about the contract because they will do the same.

 

[Kosmik]

Actually you can sue the cell company too. It's their problem to go after the previous owner.

 

[Ancalagon]

Wow you got taken for a ride!

You can expect between R5000 and R10000 per month rental by the way. You lost quite a bit of money.

 

[f2wohf]

Actually you can sue the cell company too. It's their problem to go after the previous owner.

Under the contract, it would probably be the previous owner’s duty to transfer the contract to the new owner or notify the cell company, they’re not supposed to guess that the property has changed hands and they have paid in good faith.

 

[WalkWithMe]

A few years back I bought a farm in the Free State near Bloemfontein. This was in 2010. A cellphone tower was already present when I bought the farm and I never really inquired about it. The then owner informed me that I should just stay away from it and let the maintenance crew do their thing every few months. Its now 8 years later and a friend of mine studying law asked me how much the cellphone companies paid me to rent the piece of land. The area where the tower is situated falls in my land. I was unaware that they were suppose to pay me for this. I then spoke to my neighbor and he informed me that the previous owner of the land was still getting paid for the leasing of the ground. I have been unable to make contact with this guy and think he avoids me on purpose because he knows he is not allowed to rent out my land.

My question is, where can I find out whose tower it is? Vodacom, Cellc or MTN? Next who can I speak to at these various companies to find out if there is an agreement in place or not. I will go see an attorney eventually to sue if need be or to draft a new agreement but I want to make sure of my facts before I go see them because even things as silly as sending an email to vodacom will be charged. Therefore i want to get all my facts straight before going to an attorney.

Thanks in advance

The tower may be a shared tower and be a company who does shared tower leasing.
Easiest way is to switch the power off to it and see who comes out - you may be paying for the power to it?
If you have the paperwork from the sale of the farm, you should have the ID number of the previous owner and trace them that way.

 

[gregmcc]

Nail the previous owner. Don't let the scumbag get away with it.

 

[dunkyd]

Wow you got taken for a ride!

You can expect between R5000 and R10000 per month rental by the way. You lost quite a bit of money.

One nearby us in a private house is ± R5000/m

Nice windfall.

 

[sajunky]

.LOL. Get radiated like a hell and money goes elsewhere.

A case of theft and fraud. 8*12* R10K = 1R million plus interest. Get a lawyer!

 

[airborne]

Be interesting to see what the tower owner says about the missing 8yrs of rental, someone has been quietly stashing that money each month.

 

[Shoema]

Thanks for all the help guys. Im furious, I could have been getting at least R5000-00 a month for this. Im going to go check it out for any signs on the fence. Then I'll make an appointment with the lawyer.

 

[f2wohf]

Thanks for all the help guys. Im furious, I could have been getting at least R5000-00 a month for this. Im going to go check it out for any signs on the fence. Then I'll make an appointment with the lawyer.

The owner is not necessarily an operator, it could also be a tower leasing company such as ATC http://www.atcsouthafrica.co.za/en/index.htm

 

[Shoema]

Okay so I found out the tower belongs to MTN, anyone know their legal department's email address? I also went to look on the original Title deed. The only servitude registered on the property is for the road my neighbor uses so they have no servitude in place. Going to see a lawyer next week.

 

[f2wohf]

My mistake, servitudes are not compulsory anymore since 2012.