[TowerTalk] Antenna Hangover

K4SB k4sb at bellsouth.net
Thu Jun 2 15:21:37 EDT 2005


"Alan NV8A (ex. AB2OS)" wrote:
> 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.

God only knows where I found it, but you own the air from the ground
to the furthermost reach of outer space. There are exceptions of
course, mainly for those near airports, but the air is still yours,
you just can't encroach on it to outer space. As such, if your antenna
"hangs" over a neighbor's property, he is legally entitles to cut it
off, BUT, he may do so only using supports on his property. So if you
see a really BIG crane moving into position, hit the rotator.

In the case of a neighbbor'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.
--------------------
True, in Georgia, I think the time is 15 years. Had a neighbor bury
his TV cable from the street to nearly 30' onto my property. Asked him
twice to move it or have it moved.
Happened to be dating a gal with a D8 Cat. ( don't ask ) Nice tool to
remove the cable, and the next time, it went on his property.

My $.02 worth. In actually, I have never heard of such a situation.
Both my next door neighbor's let me climb their big pines and hang
dipoles.

73
Ed



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