The Difference Between Property Rights and Contractual Rights

January 19, 2018

The Difference Between Property Rights and Contractual Rights

Have you been wondering whether entering into a lease buyout transaction affects ownership of your property? As the leading cell tower and rooftop antenna lease investment firm in the world, we want to put your mind at ease. In order to do this, we feel it’s important to clarify the difference between your property rights and contractual rights. Once you understand how these differ, we’re convinced you’ll appreciate how partnering with APWireless Canada is a win-win situation.

Given that your contract with the wireless carrier, your property and APWireless Canada are different, their legal roles are not the same.

What APWireless Canada is Actually Acquiring

When you sign a contract with APWireless Canada to receive a lease buyout, you are granting us the rights to receive cell tower or rooftop installation rent. This rent comes from the lease agreement that you have with the carrier in exchange for allowing them to install their equipment and infrastructure on your property.

If you have more than one lease agreement, you can decide whether you want to sell a portion or all of them. The amount you will be offered as a prepayment will take this into consideration.

What Happens After the Transaction?

We will notify the wireless carriers of the change of landlord once the lease buyout transaction has concluded. By this time, you will have received your funds. Moving forward, APWireless Canada will oversee all the matters surrounding the financial management of the cell site lease directly with the carrier. This means that until the end of the APWireless Canada lease buyout period, you don’t have to worry about anything other than how to invest your lease prepayment (or where you want to travel next!). The only time you will hear from us is if a site visit or maintenance is planned, but rest assured that we will coordinate this with you to make sure it’s done at a time that is convenient for you.

At APWireless Canada, a good relationship between carriers, landlords and our company is very important to us. Developing long-term partnerships that benefit all three parties involved is our priority.

What Happens If You Want To Sell Your Property?

In the event that you want to sell your property, you can do so freely and without any restrictions. The money you receive from the sale is completely yours, as is the money you received from the cell tower or rooftop antenna lease buyout. Given that the contract you sign with APWireless Canada will be recorded with the local land registry, it remains valid even if the property changes hands in a legal contract. Once the lease buyout period with APWireless Canada is over, any rents associated with the lease will transfer to the new property owner.

So, What Does It All Come Down To?

In essence, by accepting a lease prepayment we assume the contractual agreement you had previously entered with the wireless carrier, but your property remains your own. Signing a contract with APWireless Canada does not affect the ownership of the property or the rights that the carrier has in the lease agreement in any way. If you still have any questions, don’t hesitate to contact an APWireless representative.

The Difference Between Property Rights and Contractual Rights was last updated January 19th, 2018 by APWireless Canada
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