Farming talk: Room for negotiation on phone mast contracts

Pursuant to this, the Government has tasked the company Arqiva to extend the mobile phone services across the UK in areas where no coverage is available. The search is on for suitable sites for the masts and local farmers and landowners are being encouraged to contact Arqiva to see if they can offer appropriate land for this.

There is some difficulty in finding suitable locations for these masts as they need to be in a good place for access and fairly near to an electricity supply. They also need line of sight visibility to another mast so as to connect up with the network.

Arqiva is seeking farmers and landowners who are keen to provide a plot of land which will provide suitable services for the community.

Telecoms masts have been with us for many years now and the types of documents are well known to those working in the industry.

Key points include:

• Rental level and rent reviews;

• Payment of non-domestic rates or other statutory charges;

• Control on-site sharing;

• Repair, maintenance and public liability;

• Health and safety;

• Agreements with electricity companies;

• Access and fencing;

• Reinstatement at the end of the term.

This is certainly not a case of a farmer or landowner signing documentation as soon as it is put in front of them. There is room for negotiation and the operator will generally contribute to the legal fees and surveyors' fees.

In terms of negotiating with Arqiva it is recommended farmers and landowners appoint qualified surveyors and solicitors with the relevant experience of having dealt with telecoms leases in order to settle reasonable commercial terms.

The improvement of mobile phone coverage is regarded as a necessity by many people living in rural areas in Shropshire and Staffordshire.

Steven Corfield is a partner and agricultural specialist at Shropshire law firm, FBC Manby Bowdler LLP.