[TowerTalk] CC&R Content Question

SJ W3TX superberthaguy at adelphia.net
Mon Mar 20 07:30:24 EST 2006

This type of wording is very typical in deed restrictions.  Indeed when I
started subdividing my old farm I used nearly the exact wording.  Difference
is, my deed restrictions have separate wording that PROTECTS the erection
and use of antenna support structures on my subdivision by amateur radio

I also added similar wording to a home that I sold adjacent to the land my
current tower is on...that way anyone who buys my old house is deed
restricted to tolerate my tower nextdoor to them :-)

One thought I've mulled is a program where all radio amateurs are encouraged
to add such Antenna Protection Wording that runs with the land into their
own deed.  That way, over the next 100 years, there will be homes that have
the deed protection for antennas that amateur radio ops are looking for!

I'm not a lawyer, but I doubt that the wording could be used to _complete_ a
successful suit against a tower, especially if you follow K1VR and KA9FOX's
path.  On the other hand it could be used to harrass you, legally, if
someone was really driven.

There are really two ways to do it.  Be upfront (which I believe is the best
way to go in a neighborhood situation) which is cordial and proactive.  Or,
if you live way out in the boonies with 40+ acres "just do it" but make sure
the antennas are placed as far off the road as possible.

<<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"...>>

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