At 08:08 AM 6/2/2005, Richard Zalewski wrote:
>Has anyone had any experience dealing with an antenna hanging over your
>property line? Can a recordable easement be created for such a situation?
>Who owns that air above your property?
Here's the classic lawyer's answer: It depends. (I'm not a lawyer, but
that's what my neighbor says when I ask these sorts of hypothetical questions.)
You might post this question on the hamlaw reflector.
As I recall, in most cases, you control access to the airspace above your
property, but only to a limited height, after which it's controlled by the
government. There are also things you can't do (like block your neighbor's
view).
Whether one can create a recordable easement probably depends on the laws
of your state. Obviously, there has to be some mechanism for legal
recognition of things like power and phone lines crossing your property,
even if there's no pole or other non-air physical manifestation. You can't
run out and chop down that BPL radiator, for instance, even though it's
crossing your yard.
And, of course, you could always record some sort of contractual agreement
with a neighbor, which could bind future owners of the land: this is just
what CC&Rs and deed restrictions are all about. For instance, your
neighbor could record a deed restriction that grants you the right to have
your antenna hang over his property, even if the property is sold. The new
owner wouldn't be able to unilaterally revoke that permission, anymore than
you can unilaterally remove a deed restriction prohibiting an antenna tower
in your deed-restricted community.
>--
>Tnx es 73
>Dick W7ZR
>_______________________________________________
>
>See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
>Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with
>any questions and ask for Sherman, W2FLA.
>
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_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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