[BC] Quiet Enjoyment

[Jeff Carter]

That's fair enough, and I agree it's the proper route to take.
Creating mob scenes or blindsiding people with filings to various
regulatory agencies is a cowardly solution.  A gentleman like yourself
would understand that the honorable thing would be to deal with any
such problem in a court of law.

I think I would weep with gratitude if somebody served me a summons in
the way you've described as opposed to running around in the night and
cutting cables and setting fire to things and keying cars and stealing
anything that wasn't nailed down.  Historically, it's been cheaper
whenever I've gone to court.   I tend to think that if two folks have
a problem, and one owns immovable real property and the other doesn't,
only one has the option to GTFO short of having the property owner
sell out their interest.  If two folks have adjoining property and
have a disagreement, it's likely that they have far more in common
interest and some middle ground can be found if everyone remains
honorable.  Most of the loudest arguments over transmission towers
have been brought by folks with no compelling or real personal
interest that I could ever see.

Remember, also, we're talking about towers (or I thought we were based
on the subject matter of the remailer).  It's pretty easy to pick out
an extreme like a race track to make a point, but that's not what
we're talking about. A tower is not a race track, doesn't cause
traffic, and in my mind can't logically be seen as a nuisance by a
reasonable person.  This goes double if the person in question
utilizes the service provided by the tower.

I'm still no fan of zoning, though.  I could care less about the
character of a location.  This entire country is less than 250 years
old, and there's very little of real cultural significance or "World
Heritage" to protect of what was here before or during the "lifetime"
of the US.  It's a very young country that has largely concerned
itself with the manufacture and possession of cheap plastic crap and
very little of any significance or permanence.  Hell, we can't even
agree among ourselves on what is and isn't significant in this
country.  50% of the populace at any given time is characterizing the
other 50% as insane in some fashion.

Many folks never lived anywhere where there wasn't any zoning, so they
don't understand the imposition that it is against private property
rights.  In my mind, it's the same thing as CC&Rs.  While I admit that
I do own some covenanted property, I would certainly never try to live
on it.  I wouldn't make it very long.

To each his own, and in respect of your position,

Jeff/KD4RBG
Tower Owner

---- Original message ----
 >From: towers at mre.com
 >
 >Jeff,
 >
 >There is a thing called "Quiet Enjoyment".  It's a common term used in
 >leases.  But it's not commonly applied to property ownership.
 >
 >In the case here, if I was a property owner prior to the purchase of an
 >adjoining parcel by someone who decides to do something which I don't
 >agree, the late comer is possibly disturbing my Quiet Enjoyment. Eg. I'm a
 >peaceful guy and a drag strip is built on the adjoining parcel.