Get billboard easements and leases in writing.

Screen Shot 2016-05-11 at 10.20.48 AM Attorney Ronald Richman of Bullivant Houser Bailey has written up a 2011 billboard easement case from California which highlights the importance of writing clear, specific billboard easements.  Here are the facts:

  • James and Dawn Hill and the San Jose Family Housing Partners owned property next to each other.
  • The Hills had a written easement from San Jose Family H0using partners to allow the operation of a billboard.
  • The easement clearly stated “that no structures, vegetation, or other objects will be allowed to interfere with or encroach on the easements…”
  • San Jose Family Housing Partners later decided it wished to build a residential complex which would block the view of the billboard.
  • San Jose Family Housing Partners tried to have the original easement thrown out because (1) the billboard was non-conforming and (2) the easement was for light and air.
  • California appeals court rejected San Jose Family Partners contentions.  It said that the billboard was non-conforming but that the easement was for a legal use of the property.  It also said that because the easement specifically mentioned the operation of a billboard that erecting building which blocked the view of the billboard would violate the easement.

Insider’s take: Put your easements and leases in writing.  Don’t  rely on verbal agreements because landowner objectives change over time.  The Hills were saved by a clear, specific agreement in writing.


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