Review and negotiation of telco lease/licence (lessor).

We review and negotiate telco lease and licence agreements for landowners, making sure the terms protect your interests over a deal that can run for decades.

Telcos routinely approach landowners with standard form agreements for the installation of towers, antennae, and other infrastructure. Those agreements are drafted entirely in the telco’s favour and can bind you for twenty years or more with limited ability to exit or renegotiate. We act for landowners to review and negotiate these agreements before you sign so the terms are workable for you, not just the carrier.

What should a landowner consider before signing a telco lease or licence?

Telecommunications infrastructure agreements between carriers and landowners are private contractual arrangements that are not regulated by any single set of rules specific to the commercial terms. The Telecommunications Act 1997 (Cth) gives carriers certain rights to carry out low-impact works on land, but the financial and operational terms of the lease or licence are a matter for negotiation between the parties. Telcos typically offer standard form agreements with low initial rents, minimal rent review mechanisms, broad rights to install and upgrade equipment, and limited make-good obligations. These agreements can run for fifteen to thirty years with successive options, and the terms agreed at the outset will apply for the entire duration unless renegotiated. We review and negotiate telco agreements from the landowner’s perspective to ensure the rent is reasonable, the make-good obligation is enforceable, and the assignment provisions do not allow the telco to transfer the agreement to a successor without your consent.

What is the difference between a telco lease and a telco licence?

A lease gives the telco exclusive possession of the area of land it covers and creates an interest in the land that can be registered on the title. A licence gives the telco a contractual right to use the land for a specified purpose but does not create an interest in the land and cannot be registered. The distinction affects the telco’s rights if you sell the land and the enforceability of the agreement against a purchaser, and we advise on the appropriate form for your circumstances.

Can I negotiate the rent in a telco agreement?

Yes. While telcos typically present their agreements as standard form, the rent, rent review mechanism, and initial term are all negotiable. Market rates for telco site access vary depending on the location, the type of infrastructure, and the carrier’s alternatives, and the standard offer is rarely the best available. We advise on market rates and negotiate the financial terms before you sign.

What happens to the agreement if the telco sells its network infrastructure?

Most telco agreements contain broad assignment provisions that allow the carrier to transfer the agreement to a related body or infrastructure company without your consent. This means your counterparty can change entirely without you having any right to renegotiate or exit. We negotiate assignment restrictions that give you notice of any proposed transfer and, where possible, a right of consent before the agreement is assigned.

Am I obliged to allow the telco to upgrade or expand its equipment?

Telco standard form agreements typically include broad rights to upgrade, modify, or expand the installed equipment during the term without requiring separate consent. This can result in significantly more infrastructure on your land than you anticipated when you signed. We negotiate upgrade and expansion provisions to require your consent for material changes to the footprint or nature of the equipment.

Rent negotiated to a market rate, not the telco's opening offer.

Assignment restrictions so you know who you are dealing with.

Make-good and upgrade rights defined so you know what you have agreed to.

A telco agreement that looks straightforward today can bind you for decades on terms you did not fully understand.

The initial rent, the rent review mechanism, the upgrade rights, and the make-good obligation all need to be right before you sign. A long-term agreement negotiated properly at the outset is worth far more than one signed quickly on the telco’s standard terms.

The telco's standard agreement is written for the telco, not the landowner.

A telco has approached you about installing infrastructure on your land. The rent looks reasonable and the agreement seems straightforward. But the standard form they have offered covers equipment upgrades, assignment rights, and make-good in terms that heavily favour the carrier. Signing without review means committing to an arrangement that could run for twenty years or more on terms you cannot easily change.

We will review the telco's proposed agreement and identify the terms that need to be negotiated.
We will advise on market rates and negotiate the rent and rent review mechanism.
We will negotiate assignment, upgrade, and make-good provisions to protect your position.
We will advise on whether the agreement should be structured as a lease or a licence for your circumstances.

The telco's offer looks attractive, but their standard agreement is written to protect them over a deal that could last twenty years.

A telco has approached you about using your land for telecommunications infrastructure, and the rent is more than you are currently receiving from that area of the property. But you have not reviewed the assignment clause, the equipment upgrade rights, or what the make-good obligation actually requires at the end of the term. You want to proceed, but you want to make sure the terms are right before you sign something that will run for decades.

What's included in your telco lease/licence review service

Full review of the telco's proposed agreement.
Market rate rent advice and negotiation.
Rent review mechanism review and negotiation.
Assignment, upgrade, and make-good provisions negotiation.
Advice on lease vs licence structure and registration.

What goes wrong when landowners sign telco agreements without review?

Landowners who sign telco standard form agreements without negotiation regularly find themselves receiving below-market rent with no effective CPI or market review, unable to require the telco to remove equipment at the end of the term because the make-good obligation was too vague to enforce, or bound by an agreement that has been assigned to a network infrastructure company they have never dealt with. Because these agreements run for very long terms, a poor outcome at the outset compounds over time and is very difficult to correct without the carrier’s cooperation.

Here is how we make sure the agreement works for you over the full term.

We review the telco’s proposed agreement and identify the provisions that need to be improved before you sign. We advise on market rates and negotiate a rent and review mechanism that reflects the value of your land to the carrier. We tighten the assignment, upgrade, and make-good provisions so the agreement gives you certainty about what the telco can do on your land and what they are obliged to do when they leave.

Three steps to a telco agreement that works in your favour.

Terms reviewed, rent negotiated, obligations defined before you sign.

Review and advise.

We review the telco's proposed agreement and advise on the terms that need to be improved before you commit.

Negotiate key provisions.

We negotiate the rent, rent review, assignment rights, upgrade scope, and make-good obligations with the carrier.

Finalise and execute.

We finalise the agreed terms, advise on registration, and confirm the agreement is properly documented.

Property lawyers experienced in reviewing and negotiating telco leases and licences for landowners across South Australia.

Landowners approached by telcos are often in an unfamiliar position, dealing with a carrier that presents its standard agreement as non-negotiable. We have reviewed and negotiated telco agreements from the landowner’s side and understand what is and is not negotiable, what market rates look like, and what provisions create real risk over a long-term deal. Our role is to make the agreement work for you before you sign, not to explain why it does not after the term has started.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to review your telco agreement before you commit?

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