[TowerTalk] Antenna Hangover

[Jeff Stai WK6I]

At 08:08 AM 6/2/2005, Richard Zalewski wrote:
>Has anyone had any experience dealing with an antenna hanging over your 
>property line? Can a recordable easement be created for such a situation? 
>Who owns that air above your property? 

disclaimer: I am not an attorney, nor ddo I play one on TV. I do have a little personal experience with these situations, however. I am also assuming that, since you are on this list, it is your antenna in question....;-)

You own the air to some degree - this is why the power company needs an easement to string lines over your property even if no power pole is planted on your dirt (access does enter into this one, but perhaps not in your case).

I would expect an easement is possible for the antenna hangover, if the neighbor demands it. I would want to try the handshake approach first, however. (A recorded easement may be perceived by the neighbors as a negative when they go to sell, however, since things that show up on a title search tend to glare brighter.)

Or, you could do what I did once on my small city lot. The antenna did not hang over on the cranked-down tower (it slipped nicely between the house and a tall fence). When cranked up and rotated the corners did cross over a couple of feet. Nothing was ever said by anyone on either side of the fence. This would be the "crossed fingers" approach - and I am sure you will get cautions against it from others on this list. On the other hand, "playing blonde" and waiting for a complaint, followed by a "gee you're right" and a neighborly exchange of goods, services, etc. may be the simplest route.

hope this helps - jeff wk6i


--
Jeff Stai               jds at twistedoak.com
Twisted Oak Winery      http://www.twistedoak.com/
Rocketry Org. of CA     http://www.rocstock.org/
Amateur Radio           WK6I ~ Calaveras County, CA
40th Annual California QSO Party! ~ Oct 1-2, 2005 ~ http://www.cqp.org/