Utility Easements - Air Rights

Checking to see if any park owners have ever collected on Direct TV or Dish Network utility easement type of agreements? I am aware of cell towers and how wonderful they can be if you should have one of those on your propert!

For example with some advice from Frank, I managed to collect a nice little check from Time Warner Cable for letting them run/keep their wires throughout my park.

Granted as park owner, I could say no satellite dishs allowed - like an apartment owner may.

Just looking at means to use New Jersey politics to an advantage.

Next up ATT, and others …

Checking if anyone has questioned air rights for example.

Thanks and good luck to all in 2014!

We’ve never worked with satellite dish suppliers, as we have agreements with cable on virtually every property we own, and I’m not even sure that you can legally restrict Dish and DirecTV in a mobile home park – I’ve never looked into that. But we did try to do a cell tower deal a while back, until we learned that new regulations require that the tower not be able to hit a single mobile home in the park if it falls – there has to be a “clear zone” the height of the tower all the way around it (it makes sense if you think about it). In our case, that meant a 400’ clear zone, which was impossible given the density and footprint of our property. That leaves out about every property we own.

I think you need to check the federal regulations concerning the rights of people and the ‘Dish’ type of tv and internet. http://www.fcc.gov/guides/over-air-reception-devices-rule

for those that do not like clicking links- it is the “FAA over the air reception devices rule”

This rule, in basic terms says you can not restrict the use of over the air antennas unless you provide a central antenna option. I am not sure how the rule applies to building shadows, and trees etc on your own property. So- be careful prior to restricting, it might be your property, but the tenants have rights granted, and federal rights are typically not trumped by state or local rights (unless your talking about smoking weed, and your in Colorado). but I digress…

Frank/Jim,

Thanks for response. I think I will try NJ Politicts and tightening of park covenents regarding use of sightly distractions such as satelite dishes.

Tim D.