crownedclown68
Junior Member
What is the name of your state? WA
We own property that has BPA lines running through it, we understand that the BPA has the right to access our property via our gate to conduct their business regarding their equipment pretty much when ever.
On an adjacent property the BPA has a tower on which they have leased space to ATT for their cellular antennas. According to the BPA ....ATT must negotiate their own access agreements with any and all property owners on their own, something that ATT has never done. We are currently negotiating with ATT in regards to a lease going forward and compensation for the years of trespassing and damages to our property.
The BPA does not allow anyone to climb their towers, including companies such as ATT who lease tower space from them, so any work needed to be performed on ATTs equipment located on the tower must be performed by the BPA.
ATT does have a very narrow access path located on another property which allows them access only on foot.
My question is whether or not it is legal for the BPA to be accessing through our property and gate for the sole purpose of working/troubleshooting anothers companies equipment? They are being paid/contracted by ATT to perform this work and are not there to perfom any maint./work of their own.
After talking with the BPA, they explained to me that in part....it is why they insist the companies such as ATT get an access agreement from the POs ahead of time. In our situation ...they do have foot access through another property but the only vehicle access is through ours...which they do not have access rights. So whenever they need to work on their equipment on the tower....ATT walks in from their access and the BPA drives multiple vehicles in through our property to perform ATTs work.
Are they not acting as an agent for ATT?
This happened again today, so I called the BPA and asked if this was legal with all things considered and they simply stated that "they're here to do some work for ATT" and "Thats whats going on today". When pressed on the legalities of it...they merely stated that "thats why we insist companies like ATT negotiate agreements with the property owners before we install there equipment". Leaving us more confused than when we started.
Any and all adviceor imfo would be greatly appreciated.
We own property that has BPA lines running through it, we understand that the BPA has the right to access our property via our gate to conduct their business regarding their equipment pretty much when ever.
On an adjacent property the BPA has a tower on which they have leased space to ATT for their cellular antennas. According to the BPA ....ATT must negotiate their own access agreements with any and all property owners on their own, something that ATT has never done. We are currently negotiating with ATT in regards to a lease going forward and compensation for the years of trespassing and damages to our property.
The BPA does not allow anyone to climb their towers, including companies such as ATT who lease tower space from them, so any work needed to be performed on ATTs equipment located on the tower must be performed by the BPA.
ATT does have a very narrow access path located on another property which allows them access only on foot.
My question is whether or not it is legal for the BPA to be accessing through our property and gate for the sole purpose of working/troubleshooting anothers companies equipment? They are being paid/contracted by ATT to perform this work and are not there to perfom any maint./work of their own.
After talking with the BPA, they explained to me that in part....it is why they insist the companies such as ATT get an access agreement from the POs ahead of time. In our situation ...they do have foot access through another property but the only vehicle access is through ours...which they do not have access rights. So whenever they need to work on their equipment on the tower....ATT walks in from their access and the BPA drives multiple vehicles in through our property to perform ATTs work.
Are they not acting as an agent for ATT?
This happened again today, so I called the BPA and asked if this was legal with all things considered and they simply stated that "they're here to do some work for ATT" and "Thats whats going on today". When pressed on the legalities of it...they merely stated that "thats why we insist companies like ATT negotiate agreements with the property owners before we install there equipment". Leaving us more confused than when we started.
Any and all adviceor imfo would be greatly appreciated.