There are many state and local differences, so make sure you have someone
that knows the local turf.
In Texas, you are responsible for the deed restrictions that are actually on
file at the courthouse, not what the seller or realtor tells you, or even
gives you. I know of one case where the realtor delivered a copy of the deed
restrictions which was not the same as what was at the courthouse, and there
were real differences, so caveat emptor!
Also, regardless of other language, many covenants contain reference to an
Architectural Control Committee or some such entity which must approve all
structures, and it is very rare that they approve the antennas you want. I
have made it a practice to never buy a property that has an ACC in place if
I want an antenna there.
Satellite receiving dishes under one meter diameter do have limited federal
preemption and thus a legal treatment all their own, and in some states and
municipalities ham antennas MAY get special treatment.
For building permits it is very unusual to get any different or more lenient
treatment for a ham tower versus any other structure.
Watch out for including a wireless internet or other 'commercial' antenna on
your tower, as that can open a big can of worms all by itself.
Also, be aware that misinformation and ignorance often carry the day when it
comes to decisions by government entities, and educating them is usually
expensive.
73 John N5CQ
-----Original Message-----
From: towertalk-bounces@contesting.com
[mailto:towertalk-bounces@contesting.com] On Behalf Of Drax Felton
Sent: Friday, February 03, 2012 6:46 AM
To: David Gilbert
Cc: towertalk@contesting.com
Subject: Re: [TowerTalk] Tower lawsuit
I did. Was told by realtor and owners there weren't any. Should've been
more throrough.
There is case law ruling that says that most people don't have tennis courts
but that doesn't Make them not customary to have at home. Amateur radio
meets the dictionary definition of customary too. As it was a long standing
tradition of having been done at home.
Then Common law here in North Carolina disfavors deed restrictions and case
law and the state supreme court says that when ambiguous language exists in
a restriction it must be interpreted towards free use of the land.
Sent from my iPhone
On Feb 3, 2012, at 3:46 AM, David Gilbert <xdavid@cis-broadband.com> wrote:
>
>
> Doesn't anyone check out deed restrictions BEFORE buying a house
> anymore? Putting up that kind of tower and antenna in the face of that
> deed restriction seems highly imprudent to me.
>
> This particular deed restriction is certainly worded pretty poorly, and
> it may be possible to negate it by arguing that the description should
> refer to the structure itself and not the corollary equipment that feeds
> it, but even I as a tower owner would be hard pressed to agree that an
> amateur rig represents a "customary household appliance" since less than
> 0.5% of all households in the U.S. have one.
>
> Sorry if I don't sound very sympathetic, but it is actions like these
> that fuel neighborhood resistance toward the rest of us.
>
> Dave AB7E
>
>
>
>
> On 2/2/2012 7:15 PM, Drax Felton wrote:
>> I thought this might interest you all as tower owners.
>>
>> If anyone knows of other materials in my defense please forward them.
>>
>>
>>
>> This a letter I sent to the ARRL:
>>
>>
>>
>>
>>
>>
>>
>> Dear ARRL,
>>
>>
>>
>> I would like to request the ARRL write a clarification letter on its
>> letterhead to help me with an issue.
>>
>>
>>
>> My neighbors have served me with a civil summons regarding my antenna
tower.
>>
>>
>>
>> We have a deed restriction that says that "no transmitting or receiving
>> tower or antenna (other than those normally used for customary household
>> radios and appliances) shall be permitted, and any satellite dish
receivers
>> must be located on the rear one-third of the lot."
>>
>>
>>
>> Since the crux of my defense is around what is "customary" to use at home
I
>> was hoping to get the ARRL, the national association for amateur radio,
to
>> document for evidence that it knows that ham radio has been a "customary
>> household appliance" for around a 100 years.
>>
>>
>>
>> Their complaint also says that since I have an FCC license that makes my
>> radios outside the normal custom of households too. Clearly misinformed.
>>
>>
>>
>> They also complain that if my tower falls it will land on other
properties,
>> which is impossible on my 2.5 acre lot, given the distances to the
property
>> lines. The tower we're talking about is a double guyed, 60 foot stack of
>> Rohn 25 with a HF Yagi on it. Not a superstructure. Even if it could
fall
>> its entire length it wouldn't even hit my own house.
>>
>>
>>
>> I thank you for your help,
>>
>>
>>
>> ARRL Member, KB3X, Drax Felton
>>
>>
>>
>> _______________________________________________
>>
>>
>>
>> _______________________________________________
>> TowerTalk mailing list
>> TowerTalk@contesting.com
>> http://lists.contesting.com/mailman/listinfo/towertalk
>>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
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