[TowerTalk] Antenna Hangover

[Alan NV8A (ex. AB2OS)]

Are you the "overhanger" or the "overhangee"? IANAL, but my guess is 
that the owner of the property owns the air above it up to some legally 
defined limit. I can't imagine being able to record an easement for such 
a situation.

In English law (as I understand it), if a branch of your neighbor's tree 
overhangs your property, you are entitled to cut it off, but you have to 
return it to your neighbor because it is still his: you can't destroy it 
or eat the fruit that's on it. Perhaps the same principle applies to 
antennas.

In the case of a building that encroaches on a neighbor's property, I 
understand that the concept of "adverse possession" may apply, which I 
understand to mean that the encroacher *may* eventually be able to claim 
ownership of that piece of the neighbor's property.

According to the plan of our property, the corner of the shed (built by 
a previous owner) encroaches 6" into a neighbor's property. I have no 
idea whether he knows, and I am not going to mention the subject at all.

That's probably only $0.01 worth.

73

Alan NV8A


On 06/02/05 11:08 am Richard Zalewski tossed the following ingredients 
into the ever-growing pot of cybersoup:

> 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?