What sub-letting rights can telecoms operators acquire?

A recent case heard at the Sheriff Appeal Court raised the following questions for the court: Did the fact that the operator had been granted compulsory land use automatically give them the right to continue sub-letting to the other operators even without permission of the landowner? Or did the operators have to make separate applications for compulsory land use?

The court’s decision makes some useful points that may affect landowners’ negotiations and contracts with telecoms operators. The case was Arqiva Limited v Kingsbeck Limited and the decision was published on 5 July 2019.

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