No Satitelle on lease visible to retained lands??? meaing

[dshakey]

we have been told by the management comp nay to remove our satellite, but my understanding of the lease, which says

"not erect any satellite dish or other like instrument on the demised premisses so as to be visible from the retained lands"

the lands at views the apartments and satellite is an empty field with no other dwells facing onto it except ours. what does "retained lands" mean? i would think any land what has a building on it?

do you think i have a case?

 

[lantus]

My interpretation is that the retained lands in this case will probably relate to the 'common grounds' which is an land owned by the OMC.

Basically if you are within the boundary of the estate and standing on the common grounds which is any accessible space, green or path within the estate and the dish is visible then the OMC would be within their rights to remove it. (assuming its a common building element.).

If the dish can only be seen by accessing private property not associated with the OMC or on adjacent land or property then my understanding would be that this is OK and within the conditions of the lease.

 

[Leo]

Is this a house or an apartment? If the latter, you likely don't own the external walls which could be an issue as well.

 

[dshakey]

thanks, it can not be seen from the common areas, only from the adjoining lands..

 

[so-crates]

Point out the clause in the lease and request they provide proof (photographs) that it is visible. It may well be that it is visible from someone else's apartment.

 

[dshakey]

i probably is, but as owners we should have the say. have AGM this month it will be an interesting topic

 

[mf1]

i probably is, but as owners we should have the say. have AGM this month it will be an interesting topic

You do have a say. You had it when you signed your binding Lease which says no satellite dishes.

mf