[TowerTalk] Antenna Hangover

[Roger K8RI on Tower]

As many have already said, It depends on where you live.
Some states, or locals say you do own the air above, the Feds say you do not 
and neither state nor local laws may pre-empt that.  There are a bunch of 
nuts out East trying to prevent airplanes from even flying through the air 
above their town as they are claiming ownership.

OTOH there is a whole nuther bag of worms about adjacent property and 
overhang which has often been confused with the "air above" and again it 
varies from location to location.  Here it gets a bit confusing.  If my 
neighbor has an apple tree with a branch over my yard, I may pick those 
apples.<:-)) OTOH we have "set back" rules for structures and a tower is 
considered a structure.  It must be located so should it fall no part of it 
may fall on the neighbors's property.  BUT I may receive written permission 
from said neighbor to put up one that could. What happens if the neighbor 
sells?  I don't know, but not falling on the neighbor's property is a 
longggg way from overhanging. <:-))  Strangely enough, they do not consider 
the antennas and masts at the top of the tower to be part of the structure 
*here*.  (Here being just West of Midland Mi)

Roger Halstead (K8RI and ARRL 40 year Life Member)
N833R - World's oldest Debonair CD-2
www.rogerhalstead.com

> 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?
>
> -- 
> Tnx es 73
> Dick W7ZR
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