However, if you haven't moved and the LOS has been lost they can not hold you to your contract as it is them who can not deliver the service.
Not true. If line of site is lost, as when a tree grows out, it is the homeowners responsibility, not Dish. The OP should explain what the LOS problem is, if not trees.
My neighbor has a HUGE tree and the installer did not think that the tree would be a problem. Last year it wasn't... this summer... OMFG the signal would go out at the slightest breeze. It was totally annoying and I dealt with it. I just have to get through winter (no leaves on the tree) and another partial summer of fade and then i'm seriously going to consider going back to cable
The owner of the tree REFUSES to cut it. My neighbor also has satelite and has the same issue. She's also SERSIOUSLY afraid that the tree is going to fall on her Condo. (We had a bad wind storm 2 years back and luckily the branches didn't fall on her condo)
Another neighbor told me all we had to do was call the FCC and they had ways of making the tree disappear, or at least the branches in the LOS. Apparently they are infringing on my right to the sky, or some mumbo jumbo to the likes.
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.is the tree hanging over a property line? if so you might be able to make them trim it
if its a potential hazard contact the building department of your town
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.
That's one scenario I was looking at. If it's taking many years for a tree's growth to cause problems, that's a gray area... If it's been a short time, the install should have known better.Usually when a dish is installed in the fall and growth is a problem in spring/summer, Dish (at least from people I know) has always comped a call to move it. They view that as an installer error.
if at install there is no line of sight, then the account isn't started and no money is due. if the account is started and then because of trees, new buildings, or the customer moves, and then there is NLOS (after account has been activated), then customer gets to pay up.
Can you cite these court cases ? I think it's understood by anyone who's looked into this type of scenario that branches over the property line can be cut down/off by the person who's property it hangs over.its a skectch situation, court cases both ways. no one is certain
My thought on that is, the "tenants" likely don't own the tree(s). Condo owners typically only own the inside of the condo.some homeowners/condo association rules cover this, it all depends on the location and local rules
Can you cite these court cases ? I think it's understood by anyone who's looked into this type of scenario that branches over the property line can be cut down/off by the person who's property it hangs over.
My thought on that is, the "tenants" likely don't own the tree(s). Condo owners typically only own the inside of the condo.