[TowerTalk] DEED RESTRICTIONS FOR ANTENNAS

[Al Kozakiewicz]

One thing any competent real estate attorney should be able to tell you is whether the restrictions are even enforceable.  In the absence of an HOA (which are not common in my part of the country) deed restrictions need a legal mechanism to enforce them.  2 examples from houses I purchased in New York:

1.  Deed forbade selling the house to non caucasians.  Restrictions were written in the 1940's and were long deemed illegal by the time I purchased the house in the 1980's.

2.  Deed forbade things like clotheslines and leaving your car parked in the driveway overnight.  My lawyer pointed out at the closing that enforcement was dependent solely on the developer who, by then, no longer owned any property in the development.  Thus no one had standing to enforce the covenants.

You may not know this from a reading of the deed covennants alone.  Often this info is buried in the title history which is part of the attorneys work product.  In some states it is not even common for an attorney to be involved in a real estate transaction (VA is one example I know of).  An agent handles the transaction for both parties on behalf of the bank.  In those situations, you really need your own attorney if there is any question to be answered to ensure there is not a conflict of interest.

Al
AB2ZY

-----Original Message-----
From: towertalk-bounces at contesting.com [mailto:towertalk-bounces at contesting.com] On Behalf Of john at kk9a.com
Sent: Monday, March 07, 2011 8:52 PM
To: TOWERTALK at contesting.com
Cc: Cqtestk4xs at aol.com
Subject: Re: [TowerTalk] DEED RESTRICTIONS FOR ANTENNAS

Even permits may not stop a neighborhood uproar. 
http://www.pjstar.com:80/news/x1428447220/Opposition-to-radio-tower-farm-pushes-on

John P40A


To: TOWERTALK at contesting.com
Subject: [TowerTalk] DEED RESTRICTIONS FOR ANTENNAS
From: Cqtestk4xs at aol.com
Date: Sat, 5 Mar 2011 17:52:51 EST


I got this advice from a pro (K1VR, who is a lawyer specializing in  these matters).  IF THE CITY DOES NOT REQUIRE A PERMIT, TO GET A  LETTER ON OFFICIAL LETTERHEAD STATING NO PERMIT IS NEEDED FROM BOTH THE ZONING  AND BUILDING DEPARTMENT.

My deed restrictions in the area I am building are very  nebulous...same crap about noxious activites/nusiances and all that sort of  baloney.
However, nothing about antennas/towers or height  rerstricitons.  Five or six of the neighbors upon seeing all the activity  on the lot I just bought were asking all sorts of questions and eventually sent  me a certified letter saying they were P.O.ed about any towers that would be  over 40 feet and that multiple towers were even worse.  The letter was sent  after they contacted a lawyer.  I heard through the grapevine that their  lawyer told them nothing could be done.  We'll see.  I don't think  they'll be very happy with three
199.999 foot rotating  towers.

My adivce is to visit K1VR's site and perhaps pick up his book that  has lots of good advice on these matters.

YMMV.  Good luck.

Bill K4XS/KH7XS 

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