What obnoxious wording in the deed restrictions!
I think you, and all of us, would benefit if you contacted Phil Kane, (
K2ASP@arrl.net ) a frequent contributer/Expert/ex FCC offical in the Ham-Law
Forum. He may be able to quickly analyze your dilemmas, possilbly showing
any illegal or unenforceable language in your deed restrictions, and provide
expert guidance... The Ham-Law group may even put your issues up for
discussion on their discussion group, reaping the benefits of feedback from
a large Legal/Ham Brain Trust
And of course you should pick up the ARRL publication on Zoning, if you
Good Luck, keep us informed of events/progress.
73, DX, de Pat AA6EG firstname.lastname@example.org; Skype: Sparky599
>From: John W <email@example.com>
>Reply-To: John W <firstname.lastname@example.org>
>Subject: [TowerTalk] CC&R Content Question
>Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST)
>I am currently looking for some land or house/land 2-6 acres in east Texas
>so I can put upa tower(s). Seems almost every deed restriction I come to as
>a minimum has the common wording containing some sort of language about "no
>obnoxious activity that might be or could be considered a nuisance or
>annoyance to the neighborhood"...
>Other then this one item in the restrictions there are no other
>restrictions on antennas, towers etc. All the locations I am considereing
>our not within city jurisiction only county and they have no issues with
>towers or tower heights.
>I have asked two ARRL VC's to review the CC&R restrictions, deeds etc.
>Initially I have gotten two different points of view on this wording one
>which says it could be used to sue me the other saying it can not. I know
>its just opinion and thats all I am looking for in trying to evaluate my
>level of risk before I spend the money to move and put the tower up.
>Question here: Has anyone on this reflector been sued or had that wording
>above used against them successfully or unsucessfully to have a tower
>FYI Tower setup would be ANWireless HD60 to HD80 with two large beams 12
>feet apart with smaller UHF/VHF 2-3 above that. Booms around 32-36 feet
>longest element 42 feet, not a :small footprint system.
>If so I'd like to hear your story and get you opinions or comments.
>John - W5EJ
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