[TowerTalk] Tower regulatory climate in Fort Collins - Loveland, CO area

Richards jruing at ameritech.net
Fri Jul 18 02:58:14 EDT 2008

Hi Dave -- I do believe all subdivisions prohibit antennas or towers -- 
consider my 6 year old development (a subdivision) does not prohibit or 
regulate  antennas or towers in any way!    Yippee !!

However, I do agree one should take a great deal of time to find the 
right parcel, and it should be seen as a fun, pleasurable exercise, not 
a chore or drudgery to dread.

But I fear you might be suggesting a contradiction.  If you call upon 
the Realtor arrange to have the Register of Deeds locate and fax 
documents to you, then you are, in fact, going to rely heavily on the 
Realtor.   This is especially because, in most jurisdictions, that just 
isn't going to happen.  The Register of Deeds is not going to do a title 
search and locate and copy records, because that is not its job.   Even 
if he is willing to do that, there will be a substantial fee in most 
cases.   Moreover, unless you hire a qualified person to research the 
public records, you cannot be sure you will receive all the pertinent 
recorded muniments of title that appertain to the parcel in question. 
And, if you don't know what you're doing, you'll need an expert - and a 
Realtor is generally not an qualified to do this  (This could, of 
course, vary by jurisdiction, but that is, I believe generally correct.)

Moreover, once found, some some recorded documents may require 
interpretation as to what is or is not allowed, especially as to whether 
certain restrictive language restrictions applies to the type of tower 
or antenna you want to deploy.   Again, a Realtor is not generally 
trained or experienced to render such legal opinions.  And if a Realtor 
is not qualified, then, presumably, neither are you as a member of the 
general public.

So, "you pays your money and takes your chances" ... or more accurately, 
if you do it alone, you don't pay your money, and you take even more 
chances!   But, this is not the first time I have heard argument against 
hiring a lawyer - they cost too much money...  that is... until you 
realize you need one to bail you out of some jam, or to fix what could 
have been avoided for a much smaller fee.

I have been researching and writing real estate documentation for 25 
years, and, therefore, have some confidence in my position.  Of course, 
there is room for disagreement and not all people will heed my advice. 
I am used to  that.   Yet, I retired at the ripe old age of 50 because 
it costs way more to fix a problem, than to prevent one.

Just my take, of course, your mileage may vary...

Happy trails.   ===  K8JHR  ===


Dave Harmon wrote:

> I have recent experience with this very thing.
> You won't need a lawyer, qualification letters etc......that's just
> nonsense.

> Don't waste your time with subdivisions.....it simply ain't gonna happen.
> Try to depend on realtors as little as possible.

> You are going to have to take the responsibility and do the legwork to find
> out immediately what the deed restrictions and covenants are on a property
> you are interested in. You can do this yourself or ask the realtor to have
> it faxed from the county folks.


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