[TowerTalk] CC&R Content Question

John W guildjw at yahoo.com
Sun Mar 19 10:50:53 EST 2006


I am currently looking for some land or house/land 2-6 acres in east Texas so I can put upa tower(s). Seems almost every deed restriction I come to as a minimum has the common wording containing some sort of language about "no obnoxious activity that might be or could be considered a nuisance or annoyance to the neighborhood"...
 
Other then this one item in the restrictions there are no other restrictions on antennas, towers etc.  All the locations I am considereing our not within city jurisiction only county and they have no issues with towers or tower heights.
 
I have asked  two ARRL VC's to review the CC&R restrictions, deeds  etc.  Initially I have gotten two different points of view on this wording one which says it could be used to sue me the other saying it can not.  I know its just opinion and thats all I am looking for in trying to evaluate my level of risk before I spend the money to move and put the tower up.
 
Question here:  Has anyone on this reflector been sued or had that wording above used against them successfully or unsucessfully to have a tower removed?
 
FYI Tower setup would be ANWireless HD60 to HD80  with two large beams 12 feet apart with smaller UHF/VHF 2-3 above that.  Booms around 32-36 feet longest element 42 feet, not a :small footprint system.
 
If so I'd like to hear your story and get you opinions or comments.
 
Thanks, 
 
John  - W5EJ   


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