[TowerTalk] Antenna Hangover

[Jim Lux]

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?

Here's the classic lawyer's answer: It depends.  (I'm not a lawyer, but 
that's what my neighbor says when I ask these sorts of hypothetical questions.)

You might post this question on the hamlaw reflector.

As I recall, in most cases, you control access to the airspace above your 
property, but only to a limited height, after which it's controlled by the 
government.  There are also things you can't do (like block your neighbor's 
view).

Whether one can create a recordable easement probably depends on the laws 
of your state.  Obviously, there has to be some mechanism for legal 
recognition of things like power and phone lines crossing your property, 
even if there's no pole or other non-air physical manifestation.  You can't 
run out and chop down that BPL radiator, for instance, even though it's 
crossing your yard.

And, of course, you could always record some sort of contractual agreement 
with a neighbor, which could bind future owners of the land:  this is just 
what CC&Rs and deed restrictions are all about.  For instance, your 
neighbor could record a deed restriction that grants you the right to have 
your antenna hang over his property, even if the property is sold.  The new 
owner wouldn't be able to unilaterally revoke that permission, anymore than 
you can unilaterally remove a deed restriction prohibiting an antenna tower 
in your deed-restricted community.



>--
>Tnx es 73
>Dick W7ZR
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