Tazam
Jul 26, 2007, 07:52 PM
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 $$ available or anything. I have asked several times in the past for this new ISP to pay me rent for his existence and didn't get action till I went over and killed the power meter in the shed that he has on. The response I got was a check with a letter attached to it describing my whole land parcel ID (tax ID) as if he was renting it, wants 90 days notice to vacate and by cashing the check the memo on the bottom says I agree to these said terms. WHAT? I have no choice? I threatened to turn the power off till it was resolved and he told me that his attorney said if I did that he could prosecute me for trespassing. I informed him that we have no lease/rental contractual agreement of any sort, I've never signed not a darn thing with him, not a handshake, nothing... never even collected a dime from him. I also informed him that there are Federal NO Trespassing signs on the property indicating that any violator can/will be fined 10,000 and possible jail time, that also there is a camera on. He insists that his attorney says I cannot go onto that property, nor in the shed, and the signs don't do me anything good, and they will not stop him... I'm red hot over this... Any Lower U.P. Michigan attorney advise here? Thanks in advance... all comments welcome... Thomas
p.s. Internet has been available to me at a 384k connection if I wished to use it(way slow though).
But certainly removing it will cause damage to my land once again. My question is this... who's' equipment (tower, shed, radio's') is this? Bankruptcy never informed me of any $$ available or anything. I have asked several times in the past for this new ISP to pay me rent for his existence and didn't 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 don't 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).