At 08:08 AM 6/2/2005, Richard Zalewski wrote:
>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?
disclaimer: I am not an attorney, nor ddo I play one on TV. I do have a little
personal experience with these situations, however. I am also assuming that,
since you are on this list, it is your antenna in question....;-)
You own the air to some degree - this is why the power company needs an
easement to string lines over your property even if no power pole is planted on
your dirt (access does enter into this one, but perhaps not in your case).
I would expect an easement is possible for the antenna hangover, if the
neighbor demands it. I would want to try the handshake approach first, however.
(A recorded easement may be perceived by the neighbors as a negative when they
go to sell, however, since things that show up on a title search tend to glare
brighter.)
Or, you could do what I did once on my small city lot. The antenna did not hang
over on the cranked-down tower (it slipped nicely between the house and a tall
fence). When cranked up and rotated the corners did cross over a couple of
feet. Nothing was ever said by anyone on either side of the fence. This would
be the "crossed fingers" approach - and I am sure you will get cautions against
it from others on this list. On the other hand, "playing blonde" and waiting
for a complaint, followed by a "gee you're right" and a neighborly exchange of
goods, services, etc. may be the simplest route.
hope this helps - jeff wk6i
--
Jeff Stai jds@twistedoak.com
Twisted Oak Winery http://www.twistedoak.com/
Rocketry Org. of CA http://www.rocstock.org/
Amateur Radio WK6I ~ Calaveras County, CA
40th Annual California QSO Party! ~ Oct 1-2, 2005 ~ http://www.cqp.org/
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