# What to do if a neighbor installs a dish on you fence



## sfosri

Hi my neighbor has installed a large dish belonging to Dish network on the common fence between us. The dish itself protrudes into my yard and it actually caused my dog not to go to the back yard after this happened (I guess she is frightened...or just coincidental).

The association told him to relocate the dish and put it on his house or elsewhere and he refuses to do it.

So I was wondering if someone can give me some ideas on how to block his signal from my yard. Do I put up something in my backyard that will block his dish?

Any creative ideas that will make him relocate the dish? The dish looks really ugly and huge protruding into my tiny back yard.


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## RobertE

Your fence or his?

If yours, ask him nicely to relocate it as it's on your fence.

If that fails, ask nicely, but forcefully for the dish to be removed from your property.

At this point, morals come into play. 

You could just remove it, as it's on your fence, or you could go the whole legal route, requesting it to be removed, etc, etc.


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## sfosri

Thanks. The wheels of my association turn slowly. This is a "planned community" so the fence is the common fence, so I guess it belongs to both? Or maybe it belongs to no one, I have no idea. Evidently the association says he should not install it on the fence protruding into my backyard.


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## Doug Brott

Likely the fence is common between you and your neighbor .. meaning if/when it needs to be replaced, you would both be responsible for paying for it. Technically, you own the airspace directly above your house as well which means that you are within your rights to ask him to move it regardless of your association.

Your best bet is to ask again. Perhaps he can put it in a different location such as on an opposite fence so that it is in his back yard rather than yours. Since he lives next door, your best bet may be to let a mediator (either the association or lawyers) deal with it. Probably best to let the wheels of justice to turn.


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## James Long

I understand good fences make for good neighbors but this is apparently a bad fence.

Whatever is done remember you have to live next to this guy. Relocating the dish so it overhangs his yard and possibly isn't even visible from your yard should be possible. Getting it to relocate is the hard part.

Practicing your batting swing too close to his dish may be tempting ... but remember he knows where you live too. Good luck getting this solved.


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## Mike500

Send him/her a certified letter notifying him or her that the dish is on your property, with a copy to the association, and a copy to Dish Network Corporate Headquarters referencing your neighbor's name and address and their service with Dish Network. I'd include a photo of the dish.

Offer him/her a rental agreement/lease for the use of your property. Give a reasonable fee or $3 a day or such.

Inform him/her that, if there is no response in thirty (30) days, the dish will be removed whith a labor fee of $50 and placed into storage at $1 a day.

Advise the party that you reserve the right to file a claim in small claims court to recover labor and storage costs. Also state that, if such claim is ordered by the court, it would be filed as a lien on the offending neighbor's property.

Ask him/her to provide the name of his/her attorney, so that you may contact the legal counsel directly.

Nuff said....

If the neighbor had any sense at all, he or she will relocate the dish.


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## puckwithahalo

I think you'll have to let the association deal with it and fine him if he doesn't comply...I think?


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## cweave02

Send him (and Dish) a bill for $50 monthly rental of your fence, then when he does not pay it, go into small claims court and have it evicted for non-payment of rent.


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## Mike500

No one like to be advised to contact an attorney or for anyone to contact their attorney.

It's like a "cha ching" in their mind of a ringing cash register with a bill of at least $200 per hour.

You've got to show the neighbor that you know your legal rights.

Money or the loss of it is a very very strong motivator........


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## cweave02

Mike500 said:


> No one like to be advised to contact an attorney or for anyone to contact their attorney.
> 
> It's like a "cha ching" in their mind of a ringing cash register with a bill of at least $200 per hour.
> 
> You've got to show the neighbor that you know your legal rights.
> 
> Money or the loss of it is a very very strong motivator........


Being an attorney myself, that is far from the truth. It is not worth $200 per hour to deal with this kind of stuff - he can do it himself without having to hire an attorney.


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## Mike500

As a retired Senior Legal Analyst, Senior Adjudicator and Senior Special Agent for the U.S. Justice Department, I'll tell you that individuals **** a brick, when they got a letter from us notifying them of our "intent" to prosecute.

A lot of times, I negotiated settlements, without any need to do anything else.


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## mreposter

In many condo developments things like fences are owned by the association, not by the individual home owners. The association owns these things and takes on responsibility for maintaining them. If this is the case, then the sfosri's case is somewhat weaker. The main claim would be that the neighbor's dish is intruding on his/her property. If the fence is owned by the association, then they would be the one's that would have to take legal action. And as sfosri said, associations can move incredibly slowly in these matters.


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## Mike500

The more parties that you can get involved; the better. Each will make inquiries upon the other, and each will try to place the liability upon the other.

If you were the insurer carrying the home owner's policy on this person, how would you feel on insuring this person's property.

It's the old cliche of *"The squeaky wheel gets the grease."*

With so many inquiries, your neighbor will take the path of least resistance and move the dish. The most stubborn mule, continually hit on the head with a 2x4, will eventually realize why it is hit on the head.


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## roadrunner1782

My question is why would the installer put it there in the first place if it might be a problem? Or did the neighbor self install it?


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## BattleZone

roadrunner1782 said:


> My question is why would the installer put it there in the first place if it might be a problem? Or did the neighbor self install it?


Usually because the customer said, "I don't want any holes in my new house; put the dish on the fence right here."

The customer signs off on the job, taking full responsibilty for where the dish was placed.

Keep in mind that this guy doesn't want to move the dish. That tells you he almost certainly made the decision to put it where it is now.


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## puckwithahalo

IIP said:


> Keep in mind that this guy doesn't want to move the dish. That tells you he almost certainly made the decision to put it where it is now.


Or he called and found out it would be $99.00 to have it moved.


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## FTA Michael

First, be nice to the person you've got to live next to. Offer to split the cost of moving the dish to a more appropriate location.

Only when being nice fails, insist that you can't allow the overhang. To let the neighbor save face, you can say that you just don't want to set a precedent that might allow really thoughtless neighbors  to hang something really ugly over your fence.

If all else fails, cheese off your neighbor by writing the legalese-style certified letter as suggested by other posters. Maybe Nolo Press has a form letter that fits the occasion?


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## Mike500

It's called an "easement" under the rule of "adverse possession."

It might take seven years or so. If you don't notify the neighbor to remove the dish and allow it to remain there for a certain number of years, then the neighbor has the right to keep it there for as long as he wants.

Adverse possession is also commonly known as "squater's rights."

It is how the Europeans "stole" land from the Native Americans.


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## davring

Put up a inexpensive picnic canopy and have lunch...

http://www.target.com/Global-Bazaar...=UTF8&index=target&rh=k:outdoor canopy&page=1


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## Chris Blount

Mike500 said:


> As a retired Senior Legal Analyst, Senior Adjudicator and Senior Special Agent for the U.S. Justice Department, I'll tell you that individuals **** a brick, when they got a letter from us notifying them of our "intent" to prosecute.
> 
> A lot of times, I negotiated settlements, without any need to do anything else.


Mike is correct. The letter works very well but only use it as a last resort.

Like FTA Michael said earlier, being nice is the best course of action at least at first. Ask him nicely and give him good reasons why the dish is unacceptable at its current location. Offer help to facilitate the move. Talking it out and being tactful can be advantageous especially since you have to live next to the guy.


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## Mike500

I recalled that a very good friend of mine said that her neighbor had a large tree that was split in her next door neighbor's yard.

She kindly told him twice of the danger of that tree coming down on her two small kids, while they were playng in the yard. The neighbor paid her no mind and told her to shove it.

Within days of receiving a certified letter I told her to send to her neighbor putting him on notice of the danger to her children, the tree was removed. The neighbor was very kind to her of any future concerns since then.

A courteous clear and convincing certified letter to the neighbor, without emotion, will do wonders.

No one respects a wimp, who does not stand up for his or her rights.....NOT his so called friends, not his or her enemies...


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## Richard King

If I were in this situation I would simply, while no one is watching, rotate the dish on the pole about 1 degree (either direction would work). Eventually they will get tired of having someone come out to reaim the dish (or taking the time to reaim it themselves). The wind did it.


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## the_batman

Richard King said:


> If I were in this situation I would simply, while no one is watching, rotate the dish on the pole about 1 degree (either direction would work). Eventually they will get tired of having someone come out to reaim the dish (or taking the time to reaim it themselves). The wind did it.


Ask first, but if you're not satisfied I agree with the above, move it a degree or so each day. Play football or soccer with the kids and hit it a few times with the ball. Accidents do happen.


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## Richard King

Just a "degree or so" though. It will drive them crazy.


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## James Long

Richard King said:


> If I were in this situation I would simply, while no one is watching, rotate the dish on the pole about 1 degree (either direction would work). Eventually they will get tired of having someone come out to reaim the dish (or taking the time to reaim it themselves). The wind did it.


Then they set up a little camera aimed at their dish and catch you and you're the one who is messing with their property.

Take the high road ... at least at first.


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## Tom Robertson

If the lnb hangs over into your yard...
Or start hanging clothes out to dry on the part of the dish that is in your yards...

All my fun silliness aside, start polite and escalate politely as quickly as you can.

Good luck,
Tom


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## xIsamuTM

I'm siding with the whole "put a canopy up" in front of the dish thing. Or cover his lnb with clear tape to distort the signal. there's all kinds of fun you can have with this...


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## Galaxie6411

A picture of the fence is the only way to even have an idea of how to answer this. A common fence means you can both use it in relation to your own sides. I just have a hard time believing one could mount a dish on your side of a fence and then have it hanging on to the other side so bad that it is a big deal.

BTW, Adverse possession deals with land use and/or fence lines, hanging a dish over a fence a few inches would not fall under adverse possession. If he planted the dish in your backyard and walked through it every day for years and years then there *could* be an adverse possession case.


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## Mike500

Galaxie6411 said:


> BTW, Adverse possession deals with land use and/or fence lines, hanging a dish over a fence a few inches would not fall under adverse possession. If he planted the dish in your backyard and walked through it every day for years and years then there *could* be an adverse possession case.


Really?

If you allow a neighbor to use a path through your yard to access his, and he gains that right as a easement, that's not adverse possession? I don't think so.
Never heard of "air rights.?" In Asian countries, a landowner owns all three, underground mineral rights, surface land rights and air rights. In most of those countries there is no such thing as adverse possession.

It's basically a "West European" excuse for imperialism.


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## leww37334

plant a very large bush on your property directly in front of it, neighbor moves dish you move bush. 

Although I do have to say I do like the idea of re-pointing the dish.:lol::lol::lol:


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## jimmyv2000

If the lnb hangs over your yard do this:
Get a bird feeder and hang it there hoping that the birds poop all over the dish blocking the signal
Then your neighbor will suffer from poop fade
*All Natural*


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## fluffybear

leww37334 said:


> plant a very large bush on your property directly in front of it, neighbor moves dish you move bush.
> 
> Although I do have to say I do like the idea of re-pointing the dish.:lol::lol::lol:


Why plant it? Just put in a planter! Last thing OP needs to be doing is doing a new hole every few days.

For the record, I like the idea of nudging it but wait until February 1st. Good time might be just as the coin hits the ground! If a second time is needed wait for February 15th just about the time as DW gets off his 2nd Boogity!!


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## sfosri

I love this idea


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## sfosri

Thanks to all the helpful suggestions. What a great forum. I have gotten so many useful suggestions.

My plan would be as follows:

1) Write him a polite letter to move it, and imply there could be legal action if he does not do so.

or

2) Put up that canopy suggested earlier that sounds like a great idea

or 

3) Reposition the dish since the weather has been bad lately....and they will get the hint

or 
4) Plant something that will grow and obstruct the dish which is a real eyesore anyhow.


But I think I will peruse option 1 and be as polite as I can.

Thanks again for all the helpful suggestions

Regards
Srini


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## dodge boy

sfosri said:


> Hi my neighbor has installed a large dish belonging to Dish network on the common fence between us. The dish itself protrudes into my yard and it actually caused my dog not to go to the back yard after this happened (I guess she is frightened...or just coincidental).
> 
> The association told him to relocate the dish and put it on his house or elsewhere and he refuses to do it.
> 
> So I was wondering if someone can give me some ideas on how to block his signal from my yard. Do I put up something in my backyard that will block his dish?
> 
> Any creative ideas that will make him relocate the dish? The dish looks really ugly and huge protruding into my tiny back yard.


3 options:
1.) get a braver dog
2.) use the dish for target practice (12 ga).
3.) mount a basketball hoop infront of it so the backboard blocks the signal.

What you decide to do of course will depend on your attachment to your dog and your willingness to get along with your neighbor.

!rolling


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## cweave02

Mike500 said:


> Really?
> 
> If you allow a neighbor to use a path through your yard to access his, and he gains that right as a easement, that's not adverse possession? I don't think so.


Only if he puts a fence up on either side of the path or does some overt act to show the possession is adverse to your interest. If you let him walk through your yard, you are giving him a license.


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## fl panthers

I say use a sawsall and cut right at your property line


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## Galaxie6411

Mike500 said:


> Really?
> 
> If you allow a neighbor to use a path through your yard to access his, and he gains that right as a easement, that's not adverse possession? I don't think so.
> Never heard of "air rights.?" In Asian countries, a landowner owns all three, underground mineral rights, surface land rights and air rights. In most of those countries there is no such thing as adverse possession.
> 
> It's basically a "West European" excuse for imperialism.


In very generic terms Adverse possession is when someone uses land as their own for a set amount of years. Fences of conveniences do not count, nor does a shared fence but if someone was to use some part of your back yard as their own for the allotted time and you never complained YES they could have an adverse possession case. This EXACT thing happened in Colorado a few years ago and the people were granted the property through adverse possession. I stressed *COULD* because I didn't want to write a paragraph describing the nuances, but alas being on the internet everything must be described to the letter or someone will whine so there is the paragraph I wasn't go to write.

I'd still love to see a picture of this setup to get a true idea of what is really going on.


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## Papa J

I would suggest you talk to the guy before resorting to a letter or anything else. It is much harder to say no to a neighbor in person than it is to avoid a reply to a letter. If you explain to the guy that it is an eyesore you don't wont on your property he will hopefully move it.


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## koji68

dodge boy said:


> 1.) get a braver dog


Nah. Just watch Cesar Milan on Nat. Geographic and get ideas on how to "decrazy" a dog.

But, please, let us know of the resolution.


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## brettbolt

sfosri said:


> ...
> 1) Write him a polite letter to move it, and imply there could be legal action if he does not do so.
> 2) Put up that canopy suggested earlier that sounds like a great idea
> 3) Reposition the dish since the weather has been bad lately....and they will get the hint
> 4) Plant something that will grow and obstruct the dish which is a real eyesore anyhow.


Before doing step 1 (polite letter) I would talk to the neighbor in person.

I live in Rocklin, (not far from Sacramento) and most people around here are reasonable.

However, if you are dealing with one of the few unreasonable people then I would do step 1 and step 2 (scary legal letter + canopy blocking sat signal) simultaneously. Then he'll know you mean business.

For those that don't live in the Sacramento area, step 3 wont work because the weather here has been sunny (highs in the mid 60's and almost no wind or rain).

You've got a big audience here -- please let us know how this turns out.


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## braven

Don't know about anyone else, but I wouldn't mind seeing some pictures of this predicament.


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## jadebox

Contact your county or city's Code Enforcement division. Most likely, mounting the dish on a shared fence is a code violation.

-- Roger


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## ImBack234

Plant a tree.


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## fluffybear

Sunday, February 1st is just around the corner. Might be a good time to head over to Home Depot and pick up the dwarf lemon (or your choice of fruit) tree you've been meaning to get. Just be sure to accidentally bump the dish while wheeling in the tree.


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## davring

jadebox said:


> Contact your county or city's Code Enforcement division. Most likely, mounting the dish on a shared fence is a code violation.
> 
> -- Roger


I agree with contacting Code Enforcement, very good idea. They will not divulge who complained. Around here the Code Inforcemant officers are bears with an attitude of just ask me how important I am and I'll tell you.


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## Bill C

If this fence is owned by the association, it is ln ot considered an excluive use
area and therefore not covered under OTARD and the association can insist on
it being removed


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## brettbolt

Bump the Dish shortly before the Super Bowl starts this Sunday. Then invite him over to watch the Super Bowl with you. Provide plenty of beer and pretend you know nothing about his predicament.


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## SDizzle

brettbolt said:


> Before doing step 1 (polite letter) I would talk to the neighbor in person.
> 
> I live in Rocklin, (not far from Sacramento) and most people around here are reasonable.
> 
> However, if you are dealing with one of the few unreasonable people then I would do step 1 and step 2 (scary legal letter + canopy blocking sat signal) simultaneously. Then he'll know you mean business.
> 
> For those that don't live in the Sacramento area, step 3 wont work because the weather here has been sunny (highs in the mid 60's and almost no wind or rain).
> 
> You've got a big audience here -- please let us know how this turns out.


That's the beauty of it, since our weather is nice, the neighbor will "know" but can't "prove" anything......:lol:


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## SDizzle

Remove the E* dish and replace with a D* dish.....let's see how long it takes Mr. Neighbor to realize he has the wrong dish in place.....LOL!


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## Dishcomm

sfosri said:


> Hi my neighbor has installed a large dish belonging to Dish network on the common fence between us. The dish itself protrudes into my yard and it actually caused my dog not to go to the back yard after this happened (I guess she is frightened...or just coincidental).
> 
> The association told him to relocate the dish and put it on his house or elsewhere and he refuses to do it.
> 
> So I was wondering if someone can give me some ideas on how to block his signal from my yard. Do I put up something in my backyard that will block his dish?
> 
> Any creative ideas that will make him relocate the dish? The dish looks really ugly and huge protruding into my tiny back yard.


Ok, it's just a satellite dish. It isn't ugly.
Some questions. IS yours a single family home or a townhome?. Who owns the fence? If the fence is "common property" belonging to your association, did the neighbor have their permission to attach the dish to the fence?
If your dog has stopped his normal routine because of the presence of a satellite dish it is one high maintenence animal.
If the fence is not yours, unfortuntely you have no right removing the dish yourself.


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## Dishcomm

IIP said:


> Usually because the customer said, "I don't want any holes in my new house; put the dish on the fence right here."
> 
> The customer signs off on the job, taking full responsibilty for where the dish was placed.
> 
> Keep in mind that this guy doesn't want to move the dish. That tells you he almost certainly made the decision to put it where it is now.


Where we run into this , we demand permission from the owner/manager or association controlling this type or rental property. If no permission is given we reschedule the job until the permission is granted.
We do this becuase the customer can sign anything they want but have no standing to give permission to install on property they do not own. That's that.


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## BattleZone

Dishcomm said:


> Where we run into this , we demand permission from the owner/manager or association controlling this type or rental property. If no permission is given we reschedule the job until the permission is granted.
> We do this becuase the customer can sign anything they want but have no standing to give permission to install on property they do not own. That's that.


That's exactly what I do with my company as well, but plenty of installers and retailers will put a dish anywhere if they can get a job in.


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## Richard King

> Bump the Dish shortly before the Super Bowl starts this Sunday.


I like this idea. "Tweek" the dish about five minutes before kick off. Let him enjoy the pre-game festivities though.


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## Tybee Bill

Seems to me that it is associations job to enforce the rules. Writing threatening letters to them for failure to enforce might work better then threatening the neighbor. Associations get these type of letters EVERY day and they know their responsibilities. They won't take it personaly like your neighbor.


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## JM Anthony

To be honest, I've got bigger fish to fry when it comes to something like this. Never know when you might need a favor or some help from your neighbor. Couldn't hurt to have a few chits on your side of the ledger.

John


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## DarkComic

Bump the fence everytime you mow, slam your fence gate, keep the posts nearest the dish VERY wet (water the posts often)...aggravation goes miles in these instances. It reminds me of what happened to CB operators that had linear amplifiers in tight neighborhoods...


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## cweave02

Dishcomm said:


> Where we run into this , we demand permission from the owner/manager or association controlling this type or rental property. If no permission is given we reschedule the job until the permission is granted.
> We do this becuase the customer can sign anything they want but have no standing to give permission to install on property they do not own. That's that.


Welcome Dishcomm to DBSTalk!


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## fluffybear

:Bump:

Any update?


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## noeettica

You should be able to Operate an un-shielded Magnatron near his Dish ...

Will Drive Them Bannanas !


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## solmakou

Please don't do this!

I wanted to make this just a thumbnail but couldn't figure out how :|


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## dave29

Ha ha, someone took some time to block that signal:lol:


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## Cap'n Preshoot

Put up a clothesline on your side of the fence post, except use 3/16" ehs pole strand. Put a turnbuckle in the middle of it. Then early some Friday morning (before sunrise) go out and give the turnbuckle about 3 full turns tighter. That should be enough to skew the focus off-path of the 129 or 110 (or both) but still leave it on path for 119. He'll have TV, but likely won't have his locals or HD. 

Late Sunday night, release the tension.

Repeat as required. 

.


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## James Long

solmakou said:


>


I'm wondering how much signal is being blocked here. It looks like it is more of an attempt to block radiation coming from the DISH from getting to that house down the hill than actually blocking the signal.


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## TSR

Baseball practice...

No ball though, just use the dish.


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## mystic7

Cut some tennis balls in half and glue them to the LNB's.


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## rocket69

solama if some one did that to me i wuld get 12' EMT conduit and get the signal & paint a smilie face on it . My dish or his obstruction will fall but it will be fun to see what his next move is after the 12' monster..

:balloons:Also welcome to the dark side dishcom.:balloons:


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## Surveyor40

Update?


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## roadrunner1782

I'm curious too.


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## deaincaelo

I think that might be a working install, if it's pointing north.


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## anthony06

Pictures would be great. Without them though my initial reaction is why not just be nice and let him have it there. You could use this as a excuse to get to know your neighbor? Hell you guys might even become friendly in the future and he will want to move it.


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## harsh

puckwithahalo said:


> I think you'll have to let the association deal with it and fine him if he doesn't comply...I think?


I agree. As the neighborhood association has already opened up a dialog, you should get behind them and push. Just don't make it obvious that you're behind the movement.


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