Antenna in neighbor's tree but over my property - - AntennaRestrictions Forum at eHam.net

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Antenna in neighbor's tree but over my property -	Reply
by WB0KFC on July 23, 2009	Mail this to a friend!
Hello, My neighbor has discovered my 3 dipoles (10/15/20 mtr fan, 30 mtr inver V, 40 mtr inver V) that are hung in the huge cottonwood tree from branches that are over my land. The tree is in their yard but it is so big that it covers several city lots with its huge canopy and limbs. My dipoles are 50-60' up and are entirely over my land and they have been there in some fashion for 24 years. This is the only thing within blocks that has any height to it and provides a fine dipole support tree. They asked me what they were and to take them down as it was their tree. I told them they were short wave radio antennas and I would not take them down as they have no say in it. They continue to pester me and I simply ignore them and don't take their calls anymore. I assume what I am doing is legal and they cannot make me take them down. Let me know if I am missing something or if these folks are just clueless. Thanks, Glenn

RE: Antenna in neighbor's tree but over my property -	Reply
by NI0C on July 23, 2009	Mail this to a friend!
Ask your neighbors if they would prefer that you trim the parts of the tree growing over your property so that you would have room to put up a mast support for your antennas. My guess is they would prefer your wires in the tree. Every couple of years I hire a tree guy to trim the branches of my neighbors trees that are growing into my vertical antennas. No permission is ever asked; we just do it. 73, Chuck NI0C

RE: Antenna in neighbor's tree but over my property -	Reply
by N3OX on July 23, 2009	Mail this to a friend!
Apparently the law on this varies from state to state and is actually pretty complicated. This might not be very open-and-shut. You probably can trim the branches. I don't know about hanging antennas in them. Be careful with unpleasant neighbor disputes and trees. Find out your state lawas and don't assume too much. The law may be on your side. I personally think it "should be" and that "common sense" should prevail that you can hang dipoles in the branches over your yard. And I think it's probably much like trimming, which you're allowed to do most places if you don't harm the tree. But I don't know for sure. The next closest thing to antennas I could think of that might have more backing precedent were tree swings, so you might want to check that too. 73 Dan

RE: Antenna in neighbor's tree but over my property -	Reply
by N5LRZ on July 24, 2009	Mail this to a friend!
Check with your legal represenative. In many places ownership of a tree/or part of a tree is based on the location of the branches and or tree. That is to say the branches over your property are yours and the branches on the other guys are theirs. Get with your legal rep and ask him and or her what the legal standard is for your location.

RE: Antenna in neighbor's tree but over my property -	Reply
by KF7CG on July 24, 2009	Mail this to a friend!
Also ask your legal Rep about the neighbor's responsibility for any damage the roots of his tree might cause. Lifted sidewalks, bowed fences, places where you can't mow because of roots, and the like. This might give you a club to help encourage a compromise. In other words if he owns it all, he is responsible for it all. KF7CG

RE: Antenna in neighbor's tree but over my property -	Reply
by KB9CRY on July 24, 2009	Mail this to a friend!
Usually uou own the air rights directly over your property (except when trumped by the FAA). You can trim all his tree straight up from your property line. Do that and they you can put up the tower.

RE: Antenna in neighbor's tree but over my property -	Reply
by WB0KFC on July 24, 2009	Mail this to a friend!
I would love to take the limbs down and put up a tower. The last estimate I had to remove the branches from my propery was 5-8k! This is a huge tree, 15-18 foot around at the base. There are several 2-4 foot "branches" (really trunks) that are over my house and would be a real pain to take out given they would be working over my roof and all the electrical lines in the area. Then there is the cost of the tower and beam and with 3 kids in college and another going next year, that also is out of the question right now. I have got along since I was 13 (37 years licensed) with homebrew dipoles and 1/4 wave verticals. The neighbors suddenly have TVI as well now that they know I am a amateur radio operator and they are calling on that. "Are you on the radio right now? I have a bad picture right now." They have cable TV. Forget that I have had the station set up next to them for 24 years and never a complaint. I do not own an amp and run less than 100 watts at all times. All other TV's in the neighborhood are fine. Not sure what to do but ignore them....

RE: Antenna in neighbor's tree but over my property -	Reply
by N3OX on July 24, 2009	Mail this to a friend!
"I do not own an amp and run less than 100 watts at all times. All other TV's in the neighborhood are fine. Not sure what to do but ignore them.... " I think ignoring them is fine, but you might still want to check to make sure you are in the legal clear as far as hanging lines in their tree just to protect yourself from their increasing wrath ;-) If it turns out that it's actually not legal for you to hang stuff in their tree for some weird reason, that would give them some real ammo. 73 Dan

RE: Antenna in neighbor's tree but over my property -	Reply
by KF7CG on July 24, 2009	Mail this to a friend!
Your neighbor is in deep ????. Limbs that big crossing you roof and the power wires are a legitimate hazard! Cottonwoods only have about a 80-120 year life span and then they start to literally fall apart. Let's hope that that is not on to your house. Really, the tree should be removed. St their expense. KF7CG

RE: Antenna in neighbor's tree but over my property -	Reply
by K1CJS on July 25, 2009	Mail this to a friend!
Tell them straight out that you want them to cut the branches of 'their' tree so it doesn't hang over 'your' property--and at their expense. Do that every time they insist that you get your antennas out of 'their' tree. One is just as correct as the other.

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