[TowerTalk] elements hang over lotline

Tower2sell@aol.com Tower2sell@aol.com
Fri, 25 Aug 2000 14:10:54 EDT


>In a message dated Fri, 25 Aug 2000  8:25:21 AM >Eastern Daylight Time, "Brian >Smithson" .bsmithson@alventive.com> writes:


>Sometimes it makes me wonder if you can sell the >mineral rights to your
>property seperately from the property itself, will we >be able to do the 
>same with the airspace?

>-Brian n8wrl

Yes, Brian you can. It's called an aerial easement and is used all the time by power companies for their electrical lines to prevent you from building closer to the electrical lines than the building codes allow. They are recorded in the deed records. 

Personally, would talk to the Title Company (assuming that I purchased owners title insurance). If there was a survey, this situation should have been indicted as an encroachment. 

I’ve never seen a Title Company more embarrassed as when I was closing on my first house and spotted on the survey the electrical easement was indicted on the wrong side of the house. They do take surveying mistakes seriously.

Tower2sell@aol.com



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