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

Dave Harmon k6xyz at sbcglobal.net
Fri Jul 18 09:55:18 EDT 2008

See **** for comments.


Dave Harmon
Sperry, Ok.

-----Original Message-----
From: Richards [mailto:jruing at ameritech.net] 
Sent: Friday, July 18, 2008 1:58 AM
To: Dave Harmon
Cc: 'John Becker'; towertalk at contesting.com
Subject: Re: [TowerTalk] Tower regulatory climate in Fort Collins -
Loveland, CO area

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 
****not really....this is not what I said.
I said....>>>> most
of the time you can go straight to the realtor's office and the fax will be
waiting for you.<<<<
You will not see any deed restrictions and/or covenants until closing and
they are not always presented. The realtor knows who to call to obtain a fax
of the info. They do it all the time.

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. 
****wrong again....they are not doing a title search, just a simple fax of
the restrictions....it ain't a big deal...and there is no charge.

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.)
****you are running away with this.

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.
****no one said that a realtor needed to be qualified on these matters
except you.
As I said previously, the only thing you need a realtor for is the listing,
appointments, and info from the county re restrictions and the city for
their restrictions.
The responsibility for immediate action is on the buyer. 
If there are so many pages of restrictions that you need to hire a real
estate lawyer then you should look elsewhere.

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.
****respectfully speaking of course.....un-sliced baloney.

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  ===


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