Neighbor Relations

MinnesotaEric · Aug 23, 2015

TomSeller said:
A camera 200' up a tower that looks down onto your property is very likely and invasion of privacy as you say. I'm surprised he was even allowed to install a 200' tall tower, are there no codes restricting that?

On the property boundary issue, I agree with the "you need a fence yesterday" crowd.

Following this rabbit trail, if he is a ham operator, he likely has an FCC license. In my county our towers are limited to 75' without a variance.

Without much digging a typical ham operator is limited to 200' feet high by the FCC without special permiting for consideration of aviation. FCC: Wireless Services: Amateur Radio Service: Releases: PRB-1

Under local ordinances point 3:

3. Conflicts between amateur operators regarding radio antennas and local authorities regarding restrictive ordinances are common. The amateur operator is governed by the regulations contained in Part 97 of our rules. Those rules do not limit the height of an amateur antenna but they require, for aviation safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet in height above ground level or antennas which are to be erected near airports. Thus, under FCC rules some amateur antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures in height and locations, e.g. to side or rear yards, for health, safety or aesthetic considerations. These limiting regulations can result in conflict because the effectiveness of the communications that emanate from an amateur radio station are directly dependent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating in certain bands allocated for their use if the height of their antennas is limited by a local ordinance.

If you look at point 5, the radio operator had to comply with the local ordinance.

5. John C. Chapman, an amateur living in Bloomington, Minnesota, commented that he was not able to obtain a building permit to install an amateur radio antenna exceeding 35 feet in height because the Bloomington city ordinance restricted "structures" heights to 35 feet. Mr. Chapman said that the ordinance, when written, undoubtedly applied to buildings but was now being applied to antennas in the absence of a specific ordinance regulating them. There were two options open to him if he wanted to engage in amateur communications. He could request a variance to the ordinance by way of a hearing before the City Council, or he could obtain affidavits from his neighbors swearing that they had no objection to the proposed antenna installation. He got the building permit after obtaining the cooperation of his neighbors. His concern, however, is that he had to get permission from several people before he could effectively engage in radio communications for which he had a valid FCC amateur license.

Which is to say, Labrauer should check with his county to learn if there is a height restriction like there is in my county. If there is a height restriction, Labrauer should ask if a variance was granted by the local county board for a 200' tall tower.

oosik · Aug 23, 2015

I'm a ham radio operator. Were I ever to need a 200 foot tower - I'd have to sell the tractor for the $$$ - that will never happen. Here, I'm limited to a 200' tower by FCC and if I wanted to go higher it would only be with the approval of the FAA - and some sweet "sugar mama".

dodge man · Aug 23, 2015

I am a land surveyor and I often get called years after a problem like this starts. I agree with all the other advice, put the fence up. I would expect him to whine about it but just say you want to keep your livestock on your side of the line.

Also with my experience, when people have a boundary dispute, it's always seems rare to me the dispute is over the boundary, it's usually personal. The people aren't getting along and the boundary is something to fight over. Don't let it get to that point.

EddieWalker · Aug 23, 2015

No need to go all in with the fence right away, just start by setting your corner posts and a string line, or better, a single wire stretched tight from the corner posts. Be sure to set the corner posts deep in the ground and use concrete. You don't need anything fancier then just one post since you are not putting up fencing, bracing isn't needed. Just make a permanent line that it will be impossible to pretend not to know where it is.

s219 · Aug 23, 2015

The guy has an awful lot of nerve -- what a piece of work. Sounds like he bought his parcel thinking he could use yours too. I think he needs to learn to live with what's on his side of the line, and he can use his own acreage for trees and buffer. Agree with what everyone else has said.

gsganzer · Aug 24, 2015

I'd talk to him and go half on putting a fence on the property line. If either of you sold, you wouldn't want a fence that's not on the property line. Then each of you plant a coordinated buffer on your own sides of the fence. This way you both share in the fence and both minimize the space you loose for the buffer of trees.

EddieWalker · Aug 25, 2015

I'm not sure what a buffer is. If it's to block the view of each other, then I would do that as far away from the fence as possible. Trees are the mortal enemy of a fence and should be removed or planted at least 50 feet away from it. You can't do anything if he plants a tree right next to the fence except keep fencing repair supplies on hand. Trees love to drop branches on fences all the time!!!!

buckeyefarmer · Aug 25, 2015

If he wanted a buffer he should have bought more land.

gsganzer · Aug 25, 2015

EddieWalker said:
Trees are the mortal enemy of a fence and should be removed or planted at least 50 feet away from it. You can't do anything if he plants a tree right next to the fence except keep fencing repair supplies on hand. Trees love to drop branches on fences all the time!!!!

Good point. I assumed he was planting cedars or some other screen planting. I have some pines on my back property that take revenge on the fence pretty frequently. Same with the barn roof.