Be reasonable when you lose a lease or it may cost you. That’s the lesson of M&M Media and Ace Outdoor Advertising versus Regency Outdoor Advertising. Here’s a summary of the case. Regency Outdoor Advertising and M&M Media Group signed a lease for a billboard atop a building in Los Angeles. […]
An out of home easement gives a billboard company the right to (1) construct, maintain and access a billboard on land it does not own (2) access a billboard on land across land that someone else owns. Most of the easement agreements which Insider sees are perpetual in exchange for […]
One of Insider’s pet peeves is customers who think a contract is not a contract. Insider signed a year out of home advertising contract with a restaurant group. The contract had a sixty day cancellation clause. The restaurant group sent an email last week saying that it was going a […]
Insider sees lots of out of home land leases with fixed minimum rent increases of 2-5%/year. These leases are a bad deal for out of home companies because land rent increases faster than inflation and industry revenue growth. Inflation averaged 2.2%/year for the past 17 years. Nominal out of home […]
Last week Insider discussed automatic renewal clauses in billboard leases. Insider asked billboard attorney Richard Rothfelder of Rothfelder & Falick to review the legal issues associated with automatic renewal clauses. Rothfelder handled several cases involving unilateral and perpetual lease provisions. Introduction If a lease grants the Lessee the unilateral power […]
What end of term language do you put in your billboard leases? Insider reviews the bad, the good, and the best options. Bad. A firm stop. “This Lease shall be for a term of 20 years commencing on the date shown below.” Insider doesn’t like firm terminations. They give the […]
By Richard Rothfelder, billboard legal expert and Partner, Rothfelder Falick. Lamar Outdoor Advertising v. Farmers Co-Op Oil Company of Sheridan, 215 P.3d 296 (Wyo. 2009). Introduction Lamar sued a landowner-seller and buyer to enforce a right of first refusal contained in Lamar’s billboard lease agreement. The parties entered into a […]
