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[TowerTalk] Towers On Rentals

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Subject: [TowerTalk] Towers On Rentals
From: (Malcolm Clark)
Date: Tue, 14 Apr 1998 13:29:36 +0000
NO6X's post about putting up some sort of tower at the house he is
renting got me to thinking about when I was a rental property owner. 
The jurisdiction in which my property was located had specific laws and
court rulings determining just what was and wasn't "real" property. 
There, anything "permanently affixed" to any building or the ground was
real property.  Who affixed it was not the issue.

If a renter permanently affixed anything to the property it became part
of the property and therefore the possession of whomever held title to
the property.  Burying in the ground and bolting to a wall (inside or
outside) were considered permanently affixing.  I recall two cases of
individuals being prosecuted for removing items from the property.  In
one case it was wall-to-wall carpet removed by sellers of a house
without permission of the buyers.  In the other case it was decorative
bushes that were planted by renters with permission of the landlord. 
But when they left they simply removed them without asking.  The owner
filed charges and the renters were arrested.  The property was managed
by the same company that managed my place.

It seems to me that a ham that puts up a tower at a rental--at least in
that jurisdiction--could conceivably be prosecuted for taking it down
when he left--unless he had permission (in writing) from the landlord.  

Food for thought for those in that situation.

Malcolm KR4HP

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