Are you the "overhanger" or the "overhangee"? IANAL, but my guess is
that the owner of the property owns the air above it up to some legally
defined limit. I can't imagine being able to record an easement for such
a situation.
In English law (as I understand it), if a branch of your neighbor's tree
overhangs your property, you are entitled to cut it off, but you have to
return it to your neighbor because it is still his: you can't destroy it
or eat the fruit that's on it. Perhaps the same principle applies to
antennas.
In the case of a building that encroaches on a neighbor's property, I
understand that the concept of "adverse possession" may apply, which I
understand to mean that the encroacher *may* eventually be able to claim
ownership of that piece of the neighbor's property.
According to the plan of our property, the corner of the shed (built by
a previous owner) encroaches 6" into a neighbor's property. I have no
idea whether he knows, and I am not going to mention the subject at all.
That's probably only $0.01 worth.
73
Alan NV8A
On 06/02/05 11:08 am Richard Zalewski tossed the following ingredients
into the ever-growing pot of cybersoup:
> 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?
_______________________________________________
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.
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|