[TowerTalk] elements hang over lotline

[Stu Greene]

At 05:25 PM 8/24/00 -0700, you wrote:

>Non-legal advice (but been there done that with power lines):  Your antenna
>is trespassing.

not necessarily.  If laches has occured, he has a license and it runs with 
the amateur's land unless or until the antenna is removed.

>  You may have proscriptive rights though if the antenna has
>been doing so for a long time without complaint.  You'd be best off getting
>a lawyer to draw up so form of documentation that the former owner was OK
>with it.  Of course that will open up the title insurance question since it
>wasn't disclosed as an encumbrance at the time of title search.  Another big
>mess.  Best cheap advice:  get the new owner to sign a document saying it's
>OK to overhang the property.

What's controlling, a title search or a visual inspection?  Obviously, the 
new neighbor would have seen the tower and the antenna prior to 
closing.  And no title company I know insures against rights of possession.

My advice was to have a friendly chat with the neighbor and if that doesn't 
work toss it to a lawyer.  If the neighbor is agreeable, a license personal 
to the amateur can be prepared and recorded.  If the neighbor is unwilling, 
and assuming that sufficient time has elapsed, well, an action lies in equity.



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