There are some deed restrictions that were intended to 'run with the land'
that have been preempted by federal law and are thus unenforceable: (1) no
future sales to specific racial groups, and (2) no satellite receiving
dishes of any kind.
73 John N5CQ
-----Original Message-----
From: towertalk-bounces@contesting.com
[mailto:towertalk-bounces@contesting.com] On Behalf Of Richard Solomon
Sent: Friday, February 03, 2012 11:17 AM
To: TowerTalk@contesting.com
Subject: Re: [TowerTalk] Tower lawsuit
Out here in the Desert where I live (Vail, 20+ miles SSE of Tucson), there
are
many areas that are just chock full of CC&R's and HOA's. You can find places
with "No Deed Restrictions", but one must do his due diligence.
Once those CC&R's are placed in the Deed, with the nefarious wording
..."runs with the land"... , you can never get them removed.
Look first before you step ....
73, Dick, W1KSZ
On Fri, Feb 3, 2012 at 8:40 AM, john@kk9a.com <kk9a@bellsouth.net> wrote:
> That is surprising since Salisbury, NC is pretty rural.
>
> GL,
> KK9A / 4
>
>
> To: <towertalk@contesting.com>
> Subject: [TowerTalk] Tower lawsuit
> From: "Drax Felton" <draxfelton@gmail.com>
> Date: Thu, 2 Feb 2012 21:15:36 -0500
> List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
>
> 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
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