[TowerTalk] Tower Collapse in South Dakota

[Michael Tope]

On 1/22/2023 7:45 PM, Joseph B. Fitzgerald wrote:
> Shawn N3AE wrote:
>
>> why are there not regulations on setback when planting trees  ... I know, a ridiculous thought, but still the logic makes sense to me.
> I think the trees are considered a part of nature rather than something built by people.   A tree owner has no real control control over where the roots of their tree grow.  Under Massachusetts law, your neighbor is not liable if the roots of a tree on their property damage your lawn, driveway, foundation or whatever.  You are however allowed to cut the portion of the the roots from their tree that grow onto your property.
>
> On the other hand, a tower builder has complete control over how it is built, and it does not grow under the guidance of Mother Nature after it is installed.
>
>
> https://www.mass.gov/info-details/massachusetts-law-about-neighbors-and-trees
>
> de KM1P Joe
I am curious whose homeowners insurance typically pays if a tree on your 
neighbor's property falls on your house? Is there any difference in 
legal culpability if the tree is healthy and comes down in a 100 year 
weather event versus a tree which is diseased and rotting from the 
inside out? In the latter case, it would seem that a homeowner would 
have at least some responsibility to have a diseased tree trimmed or 
removed entirely, if it is at risk of falling on their neighbors house.

BTW, I grew up in a small town where just about every home had a 50+ ft 
antenna tower for off-air television reception. I would venture that a 
majority of them didn't meet 50% setback let alone 100%. I would also 
venture that none of them required building permits. Of course they were 
all lightly loaded with VHF/UHF LPYs, except for a couple of hardcore 
CBers and the Cushcraft A3S I put on ours when I was in college. I don't 
ever remember one collapsing (if anyone's was at risk of collapse, it 
probably would have been ours, although I did make a ham-fisted effort 
to guy it with ropes).

73, Mike W4EF..............