I allowed an Wireless ISP provider to erect an 100ft tower on my land for the use of Internet Distribution. The Lease was to be for 5 yrs with a 5 yr option. My end was to receive 75.00 a month and an up to a 1.5mb connection. The ISP paid maybe a total of 10 payments to me then later filed bankrupt during the first few years. I had tried taking them into court several times but I never could locate the absconded bastard. When finally the internet connections locally where terminated, I retrieved the hardware from the shed, what I though should be mine since this ISP left without a trace. Later I was approached by another ISP with one of the used to be fellow workers of the original ISP and he wish to use this tower. During the time I allowed him to distribute internet without and fees since I was morally obligated to the other lease and it had not yet expired. 2.25 yrs has passed, and on several occasions I request the ISP to start paying me. He wants a Lease. I told him no, I will do month to month is what I would consider as for I started a new house project and anticipate selling the property without any strings attached. This new ISP provider says he purchased the hardware from the Original Lease Company from the previous ISP Lender(s) .....as far as I was concerned that the equipment was abandoned. It became a permanent fixture when cementing in into the ground and the trees growing back into place as well as grass and wildlife emerging once again since the very crappy job the excavator did eradicating my land (another subject that the ISP originally promised to fix).
But certainly removing it will cause damage to my land once again. My question is this... who's' equipment (tower, shed, radio's') is this? Bankruptcy never informed me of any $$ available or anything. I have asked several times in the past for this new ISP to pay me rent for his existence and didnt get action till I went over and killed the power meter in the shed that he has on. The response I got was a check with a letter attached to it describing my whole land parcel ID (tax ID) as if he was renting it, wants 90 days notice to vacate and by cashing the check the memo on the bottom says I agree to these said terms. WHAT? I have no choice? I threatened to turn the power off till it was resolved and he told me that his attorney said if I did that he could prosecute me for trespassing. I informed him that we have no lease/rental contractual agreement of any sort, I've never signed not a darn thing with him, not a handshake, nothing... never even collected a dime from him. I also informed him that there are Federal NO Trespassing signs on the property indicating that any violator can/will be fined 10,000 and possible jail time, that also there is a camera on. He insists that his attorney says I cannot go onto that property, nor in the shed, and the signs dont do me anything good, and they will not stop him... I'm red hot over this... Any Lower U.P. Michigan attorney advise here? Thanks in advance... all comments welcome... Thomas

p.s. Internet has been available to me at a 384k connection if I wished to use it(way slow though).

LisaB4657

You need to get yourself an attorney. The tower and equipment should have become fixtures but that will depend on the terms of the original lease that you signed. Your attorney also needs to find out if the that lease was accepted or rejected by the bankruptcy trustee. If the lease was rejected then the equipment should be considered all yours and the lease has no force or effect. But you won't know any of these things until you have an attorney review the original lease and the transcript from the bankruptcy proceedings.

Tazam

Ok, I did some research.... I talked to the local sheriffs dept today. He tells me since this property isnt an occupiable or habitable domain this ISP to his understanding cant do squat. I contacted the Prosecutors Office as well (his assistant) she was to talk with him and ask if he would see me in person to avoid me getting criminal charges brought against me in the event I throw this guy out or shut the power off permanently. I got back to my Office and decided to call the local zoning dept. I actually got the Zoning Coordinator! NIZzze So I expressed my concerns about this said tower being less than the likely amount of distance a free standing tower would be safe in the event of falling into my residence... turns out she decided to fax them great wireless tower restrictions/regulations to me. Guess what? To erect a wireless tower 190ft or less in my county one must apply for a special use permit(especially for commercial in a residential area). next if it is 35ft or greater the local airport as well as the FAA must approve BEFORE it can get to zoning to even be considered. Next, the tower must be 100% of the length from each property border (this one is like 9ft) under no circumstances must any steel out building be used to house equipment. This guy is SH*T out of luck.. Sooooo guess what I ask for???? YOU GOT IT!!!! Was a permit ever pulled? I'm sure you know what my answer was after two hrs of this nice gal digging... nada, nothing. I told her I was to speak to the prosecutor later today (he got busy, and unavailable in court) but she insisted that I ask him to call her as for she works with him ALL the time, this way they could sort out how to tackle this issue... Since the original ISP is bankrupt she was uncertain as to what to do. I had the perfect answer for her... That BOSY letter/contract I had mentioned above that would be enforced if I had cashed that check said clearly that this ISP Owns/Operates this said equipment on my said parcel with a great big FAT blue inked signature of the owner I complain of threatening me trying to get me to sign. The other nice part was I gave them the check too... that later can be used to show he actually felt he owed me some sum of money as well as give them the handy REAL company name DBA along with the address and telephone number in which they can call to tell him the great news... I mentioned I know of four more towers and likely can get the locations and owners of the land that this guy likely has done the same to (likely without permits as well). Im not sure how this may go 100% till the prosecutor tells me direct to my face, but you do the math Throwing weight around like he the ISP did was not the way to handle this (here cash this and you have a legal contract, dont cash it, dont get paid, try to remove me you will spend all your money and will win but be broke) jerk heehaw. I love it.. I will keep you people posted, also thanks for the response, I may need that info.. that was a great tip!

LisaB4657

I'm happy that this seems to be working out for you, but PLEASE speak to an attorney before you take any kind of action. There are several factors involved here and you need to protect yourself. You can't rely on the township's zoning dept. protecting you.

Here's a great scenario: Retain an attorney, have them check into your rights and obligations, sue the new ISP for removal of the tower and restoring your property, and also include your legal fees in the lawsuit. But you can't do any of this without retaining an attorney. Protect yourself!