[Towertalk] deed restrictions

[Eddy Avila]

Stu, while I completely agree with your points about CC&R's being a contract 
between private parties, I must add that this discussion belongs on all 
reflectors, in my opinion, regardless of the Reflector's subject 
matter....unless you're only going to operate ham radio equipment from a 
car, CC&R's preventing antennas at a qth must be aggressively defended by 
all US hams otherwise find a different hobby (which would thrill my wife if 
my outside antennas suddenly disappeared for good!).....so, we gota get 
everyone fired up about this issue or might as well mail back the ham ticket 
to the FCC......Anyway, good points taken about contractual agreements!

73.....ed

>From: Stu Greene <wa2moe@firstinter.net>

>
>At 11:15 AM 3/18/02 -0800, Geo Clute W7LFD wrote:
>>Joe,  I believe you've missed the point.  CC&R's being a contractual
>>arrangement between buyer/seller is enforced by the tort laws of the
>>U.S.  Now those tort laws make no distinctions between the Bill Of  Rights
>>and the contract signed.
>
>This is why this discussion should appear on the Ham Law Reflector.  CC&Rs
>are interpreted and adjudicated under basic contract and real property law.
>
>Torts are civil wrongs, such as libel and slander, assault and battery and
>the like.  Violations of CC&Rs are not torts.  In essence they are breaches
>of contracts.




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