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RECTIFICATION OF BREACHES

In all contentious situations Telemaster's advice to landowners will be to avoid litigation if at all possible, unless insurance is in place against the possibility of having to pay all parties costs should the action be lost.

Given the operators code powers (see legal framework), rectification may not be possible. (eg an operator may refuse to remove equipment installed beyond the limits set out in its lease, or remove a sharer that it has allowed on site when site sharing was prohibited in its lease). Code powers may also prevent forfeiture.

Negotiations in breach situations are best undertaken by surveyors acting simultaneously with solicitors. In most circumstances, solicitors are only instructed once surveyor negotiations have completed, which can mean higher costs, less effectiveness, duplications, long delays, and not as good a result. Telemaster is uniquely placed to be able to provide the combined approach that works best.