Renting a cell tower, a separate garage – the focus of Pa. Real estate cases

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The following are recent Pennsylvania court cases worthy of the attention of practicing real estate lawyers.

IN Grove v. Lutz, 2021 Pa. Super. 1 (2021), the Pennsylvania Supreme Court ruled that a property owner who previously sold the property was not entitled to collect rent arising from the subsequent renewal of the cell tower lease on the property. Joan P. Grove and her husband (The Groves) owned a farm (property) located in Chansford, York County, Pennsylvania. The property, consisting of two parcels with a total area of ​​67 acres, was the subject of a 1993 lease (lease) of land with the Pennsylvania Cellular Telephone Company (lessee), which authorized the installation and maintenance of a cell tower on the site. In 2003, the Groves sold the property to Perry A. and Lana R. Lutz (Lutz), and a clause was included in the transfer deed stating that the Groves retain the right to collect rent under the lease prior to the expiration of the lease term. 2019 year.

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