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Re: AT&T and NCRA (former NWP) wrangling over fiber along RR
Author: BOB2
Date: 09-11-2015 - 16:46
Due Diligence, it's not just a good idea.....?
All rights, easements, licenses, concessions, leases and......
It would be interesting to see if something like this just slipped through the cracks, or if, SP, and possibly UP, and/or, spin offs still hold this easement right, without NWP/NCRRA realizing this, or that it was on their ROW.....?
Right now, this sounds more like surprise, confusion, and speculation, rather than a set of facts on what's actually in the property transfer agreements, or ground leases for easements. And, if that is all clear in the documents, then it will not be much of a story, and/or if the previous owners "kept" these rights, then it won't be much of a source of revenue....
If the public agency was assured of clear title with all rights, and can prove it, then ATT may even owe them a little back rent, too.... Unless, legal counsel screwed up...... and didn't do "due diligence", which has happened before..... ROW and easements are a whole arcane subset of property law.....(aka can of worms....).
All rights, easements, licenses, concessions, leases and......
It would be interesting to see if something like this just slipped through the cracks, or if, SP, and possibly UP, and/or, spin offs still hold this easement right, without NWP/NCRRA realizing this, or that it was on their ROW.....?
Right now, this sounds more like surprise, confusion, and speculation, rather than a set of facts on what's actually in the property transfer agreements, or ground leases for easements. And, if that is all clear in the documents, then it will not be much of a story, and/or if the previous owners "kept" these rights, then it won't be much of a source of revenue....
If the public agency was assured of clear title with all rights, and can prove it, then ATT may even owe them a little back rent, too.... Unless, legal counsel screwed up...... and didn't do "due diligence", which has happened before..... ROW and easements are a whole arcane subset of property law.....(aka can of worms....).
