[TowerTalk] elements hang over lotline

[Stu Greene]

At 12:25 PM 8/25/00 -0400, you wrote:
>To follow-up on what Stu discussed, a right to use (less than an ownership
>right) sometimes called a prescriptive easement, is normally obtained (keep
>in mind the law may vary from state to state) if the use is open, notorious,
>hostile and contrary to the true owners interest.

Dealing with the common law, I'd agree with the first two but respectfully 
disagree with the last two.  In the case of the kids' right of way, their 
use was with consent of one Mrs. Lindenthaler (the owner) and not 
hostile.  The use, by judgment, was contrary to the property owner's 
interest after the fact but not before.

All Mrs. Lindenthaler had to do was to close the path one day a year, on a 
Saturday, for instance, and place a small sign indicating that the path was 
private.

   So held the Appellate  Division

>In essence the use has to
>be apparent and without the consent of the true owner.

It depends.  In the case of the path and the antenna overhang, consent was 
given, and laches will kick in if not cured...as I recall New York has a 
"reasonable use" provision in its case law.  I have no idea what 
Washington's rule  provides, but it is there.


>If your antenna has been overhanging the neighbor's yard with his consent it
>will be hard to show that it is "hostile" or "contrary to his interest."

In my opinion, unnecessary

>  If
>the neighbor is willing to agree in writing to the use, do it and record it
>in the official who maintains property records.( frequently the County
>Recorder).

This definitely will solve the problem, but what property owner is going to 
do that without compensation?



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