You will need to consult a real estate attorney in your state for exact
info on this situation. Maybe your attorney general office would
suffice. This is because property rights do vary from state to state.
In my state, you do own the airspace above your property, and someone
using it on a regular basis without permission does create what's called
an "adverse posession" condition where property rights can be disputed.
In my state, the solution is to talk to your neighbor and give them
permission to rotate above your yard. This creates a situation where
they can not dispute that they own that space or the property below it,
and you can revoke your permission at any time. You would want to make
some record to prove that you gave them permission (in my state anyway).
Your state may not allow adverse posession, and property rights may
differ greatly for you. I'm not an attorney, I have formal real estate
training and experience, so I'm just filling you in on the info used on a
daily basis in my job, which is permitted, not giving legal advice except
that you consult an attorney in your home state for any specifics.
On Thu, 2 Jun 2005 08:08:12 -0700 Richard Zalewski <dick.w7zr@gmail.com>
writes:
> 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?
>
> --
> 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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