Marnie Christine Cody Ware on Easements

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Marnie Christine Cody, Hamlin|Cody Law Firm

California billboard attorney Marnie Christine Cody Ware, an attorney at Hamlin|Cody sent Billboard Insider these comments on Paul Wright’s August 23, 2023 easement article.

I especially liked Paul’s piece on easements…The article was particularly timely for me as just yesterday our office newsletter was circulated including a brief article that I authored also discussing billboard easements…

From my perspective, a billboard easement is unlike most easements. There’s a lot more to consider and if not crafted well, the easement may not impart the value that the seller expects to realize on sale. A savvy buyer looks not just at the revenue stream but weights the risks of diminishing returns.  The greater the risk of loss and/or expenses to retain the easement, the lower the multiplier is going to be. An easement that does not secure visibility, clear access, and area for demo, staging, and construction activities runs the risk of higher expenditures. Sellers and buyers alike need to be aware of the pitfalls of an easement that does not impart the bundle of interests needed to successfully operate a billboard in perpetuity.    

You can contact Marnie at  MCody@hamlinlaw.com.  We are reprinting her newsletter article with permission below.

Let’s Talk About Billboard Easements

A billboard easement is a legal contract that gives the grantee of the easement rights to operate a billboard on property that is owned by someone else. A billboard easement should document a bundle of rights that include, at a minimum, land use for the billboard and utilities, access and egress to the billboard, and preservation of the billboard’s visibility to its target market. A visibility easement typically includes a defined visibility triangle which describes the area and airspace across the property that must remain clear of obstructions so that the billboard can be seen by passing traffic.

Preserving the right to view is best done when:

  • The visibility triangle is surveyed and depicted in a site plan.
  • The easement specifies the height as well as the area of the visibility triangle.
  • The easement makes clear that there can be no obstructions that interfere with the ability to see the sign through the visibility triangle. That means nothing inside the easement area nor outside of the easement on the servient estate can be allowed to grow or be developed in a manner that impairs the sign’s view.
  • The parties to the easement understand clearly its purpose, terms, and conditions and what consequences will result when one party violates the easement.

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