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Hosting a neighbor's dish ?

Discussion in 'General DISH™ Discussion' started by obrienaj, Mar 15, 2006.

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  1. obrienaj

    obrienaj Godfather

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    My neighbor just had Dish installed on his roof only to find out that a large tree on my property is blocking his signal, especially the HD channels (some times on..some times off depending on the wind). The Dish installers do not feel that a tripod mount of the roof will help, the only thing they recommend is removal of several large limbs at the 40 foot level of my tree. Obviously getting the limbs removed has much cost involved, then he has to contend with another neighbor's tree that may also block the signal when leaves grow in.

    So, I asked, what about me hosting the neighbor's dish? I have a dish on my roof and have clear site of the birds. The installers stated that Dish Network prohibits this, anyone here have any comments on this potential solution?
     
  2. Fifty Caliber

    Fifty Caliber Banned User

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    If you were to allow a second dish to be installed on your property that feeds his, and only his, system, it would seem to be ok. Each system would have its own account, however you cannot interconnect the two systems as that would be account stacking.
     
  3. obrienaj

    obrienaj Godfather

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    yes, we would not propose to "stack" the accounts.

    The distance from my yard to his, is only about 50 feet from the likely dish location.
     
  4. socceteer

    socceteer Icon

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    I agree with this suggestion

    The location of the disk should not matter as long as the dish is connected to your neighbors receiver and not yours.

    I am not sure if you would have to sign an approval to install in your property since their could be some liability issues.
     
  5. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

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    I'd probably want something written if I were the installer. He's used to installing a dish at the service address. While you both have your own accounts and phone lines it's just outside of his box of thinking.

    Shared dishes should be OK as long as the account isn't being shared.
     
  6. scooper

    scooper Hall Of Fame

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    I feel there is absolutely NOTHING wrong with sharing a dish - it's sharing ACCOUNTS that is stacking.

    That said - if you're going to do it - do it safely.
     
  7. Mark06111

    Mark06111 Cool Member

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    James has a good point, but here's one that's on up... It's more important to be sure the LEGAL aspects are covered. Think real estate law. If I have a drainage pipe in my yard and allow a neighbor to use it then a couple years down the road decide to dig it up the neighbor has legal recourse. You and potentially any subsequent owner of your property might just be liable for supplying this guy with a dish... forever... be careful.
     
  8. obrienaj

    obrienaj Godfather

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    Thanks, good points. I'm also nervous about allowing tree trimming guys on my property and any accidents that could emerge.
     
  9. jessshaun

    jessshaun Legend

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    We share a dish with our neighbors. Of course we both pay for seperate service. The installer had absolutely no problem with it, since it was technically even the same property. (My wife's parents have 2 houses and we are living in 1 for basically free right now).

    So as long as you aren't sharing an ACCOUNT with your neighbor and are only sharing a dish, it should be ok.
     
  10. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    I expect the problem would come in from the installer's point of view... that he has no idea what you'll do after he leaves, in terms of cheating... so I expect it could be difficult to find an installer who would do the deed and sign off on it as a completed installation since his name would be on the ticket.

    Aside from that... I also second the poster who wrote about the danger of establishing "community property" with you and your neighbor. If you connect your houses in such a way, it could very well create a legal liability down the road where you are responsible for keeping his dish working... and he could claim ownership of a portion of your roof in the weirdest possible scenario!
     
  11. Richard King

    Richard King Hall Of Fame

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    If you only have one or two boxes in your house and your neighbor only needs one or two boxes, why not simply install the appropriate switches and run the feeds from the switches using a single dish?
     
  12. obrienaj

    obrienaj Godfather

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    I thought about this, especially since I am winding down my Dish subscription and have switched to cable.
     
  13. greatwhitenorth

    greatwhitenorth Godfather

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    If you are a DHA customer (lease, not own), then your dish still belongs to E*. If you read the T&A, you'll find that all antennas, lnbs, switches are leased by you and not owned. So if you do hook up your neighbor's boxes to the dish on your roof, that does not create any change in property ownership. If you don't own the dish, I don't see how he could claim it down the road. The only legal liability I can see would be if you were deliberately damage the dish and knock his service off. Of course, I am not an attorney, YMMV.

    BTW, this is in fact a relatively common and accepted practice, especially for multiple dwelling units.
     
  14. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    I wasn't thinking about common ownership of the dish itself... a common responsibility to make it work, perhaps...

    But I was thinking of common ownership of the portion of the house it is attached to!

    If I build a fence unknowingly on your side of the lot, you can complain... IF, however, you allow it to happen and don't protest it... and years go by and I maintain the yard now inside my fence that is part of your property... there are some laws that allow me to eventually claim that part of the property as mine since you never protested and I maintained the property.

    Same thing happens to folks that don't protect their copyrights, they lose them after a time.

    I'm just wondering if you allow your neighbor to attach to your house and establish that connection, and you both become responsible for maintaining it... at some point does some common ownership come into play?

    Sounds silly, but wouldn't surprise me.
     
  15. Kricket

    Kricket Legend

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    this is the same thing mark06111 was mentioning in his post above - and this is a DEFINITE possibility

    there is something called an easement - whereby if someone uses a piece of land for a number of years (and this varies by state) - they have the right to use that land as long as they wish (its almost like an adverse possession situation) - HOWEVER - this usually has to be done adversely - meaning that the person using the piece of land was never given possession to do so...

    if you really wanted to go through with it - i would draft something up in writing and have both parties sign it - make sure you restrict it to that particular use only and state that the agreement terminates when ownership of the house changes (among other situations)

    what stinks though is that if youre planning on leaving dish soon - youll be stuck with someone else's dish atop your roof - which could be an eyesoar considering youre not the one using it

    if i were you - i would just say "tough luck" - you have no duty to do anything and i wouldnt put that sort of liability/responsibility in my hands unnecessarilly...
     
  16. UTFAN

    UTFAN Legend

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    The lawyers' feeling do count however.
     
  17. FTA Michael

    FTA Michael Hall Of Fame

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    Gee whiz, that's not very neighborly!

    First, I'm skeptical that there is absolutely nowhere on the neighbor's property where he can get a clear view in the direction he needs. No pole mount? No spot on the roof can see the bird?

    IF that were absolutely true and established, I'd try to find a standalone position for the dish as close as possible to the neighbor's house, and ask him to pay for construction of the pole and stuff. Then I'd lease him the pole for his dish at $1 per year. The rental agreement would spell out who owns what, release me from any liability related to its use, and require annual renewals. Years from now, if I sell the house or I don't feel like being neighborly with the folks who live at his house, I can non-renew the lease at the end of its annual term.
     
  18. CABill

    CABill Hall Of Fame

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    All that is required to avoid a proscriptive easement is PERMISSION. All obrienaj needs is a piece of paper from the neighbor that says something along the lines of:

    Dear obrienaj:

    Thanks for your permission to use your house to host a dish for me.

    Signed,

    "The Neighbor"

    You can embellish it with any terms or conditions desired, but the neighbor doesn't ever "obtain" anything beyond permission. Proscriptive easements arise when you've essentially said "I'm going to do this whether you like it or not" and continued to do so for a period of years (5 in CA last time I checked).

    Helping the neighbor would be a good thing to do, even if one were planning to take down their own dish.
     
  19. Kricket

    Kricket Legend

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    lol - i realized that it sounded pretty bad once i posted it - i guess im just the type of person that doesnt like to take on any sort of liability or responsibility just to help someone else out (especially considering that the neighbor is taking on zero liability - once the setup is complete - the neighbor sits back, relaxes, and takes on a great hd picture - the good samaritan, on the other hand, now has to deal with the dish and any complications that may arise)

    you can help out the neighbor all you want - and thats great - but you have to take a look at the long run

    i can pretty much guarantee that dish isnt going to go along with the scheme at all - in that case, you can install the dish and draw the line across to the neighbors by yourself (which is seemingly an easy enough job) - BUT - that means that if ANYTHING happens and dish has to come out to take a service something - they are going to take one look at the setup - turn around and drive away (thats what i would do if i were the tech - again, saving myself from taking on any unnecessary liability)

    EDIT - one more thing - if you decide to go this route - your neighbor may want free reign to go up on the roof whenever the need arises (lets say your on vacation and the picture goes out - will you allow your neighbor to go on the roof?) - OR - if you dont allow this, he might ask you to make any changes/repairs necessary (if i were the neighbor - i wouldnt want to have to wait for your approval to fix the dish if the picture goes out)
     
  20. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    Good point... like if the Dish needs a re-point if the wind knocks it off line... or he needs a Dish1000 upgrade or what happens if you have a Dish500 and he needs to add a Dish300 to get a wing Dish like 61.5 or something and needs to drill more holes in your house and mount another Dish?

    Being neighborly is one thing... I've signed for permission when the HOA required neighbors to get permission to build a fence or something... but I'd be leery of letting them attach something to my house unless the houses were already connected as in a townhouse situation.
     
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