By Marnie Cody, Hamlin | Cody Law Group
When it comes to leasing land for a billboard, it’s crucial to understand that the fate of your billboard may be tied to the lease terms. Specifically, if you allow a lease to expire without removing your billboard, it could potentially become a permanent fixture considered part of the real estate. In this blog, we explore the implications of not taking down your billboard when a lease ends and why timely removal is essential.
1. Legal Implications
When you lease land for a billboard, the lease agreement typically outlines specific terms and conditions, including the lease duration. If you neglect to remove your billboard upon lease expiration, you may inadvertently relinquish your rights to the structure. In the eyes of the law, it can be deemed an improvement to the real estate, subject to property ownership rules.
2. Risk of Loss
Allowing your billboard to become part of the real estate can result in the loss of a valuable asset. If the property owner decides to sell or develop the land, your billboard could be demolished or rendered unusable without compensation.
3. Financial Consequences
Failure to remove your billboard can lead to financial repercussions. Property owners might seek payment for the use of their land beyond the lease term or charge you for the cost of removing the billboard if it’s in their way.
4. Lease Extension Negotiations
When a lease nears expiration, it’s an opportunity to renegotiate the terms, including lease rates and conditions. Negotiating early and being prepared to take down your billboard as agreed, you will retain leverage in negotiations and are better situated to secure a favorable deal for the next lease term.
5. Timing Matters
Timely removing your billboard is essential to avoid legal disputes and potential financial burdens. Starting the removal process by pulling your demolition permit well in advance of the removal deadline ensures a smooth transition. You can pull a demo permit and still negotiate a lease extension. Some leases require billboards be removed on or before the end of the lease term. Other leases provide for time after the lease has expired to remove the billboard. Read your lease!
6. Compliance with Local Regulations
Don’t underestimate the importance of legal guidance in this critical aspect of billboard ownership and removal. Following local and state guidelines is critical. By partnering with experienced legal counsel, such as the attorneys at Hamlin | Cody, you can confidently safeguard your billboard investment, mitigate legal complications, and ensure compliance with all relevant regulations.
7. Planning for the Future
Billboard advertising can be a profitable venture, but it requires careful planning and consideration of all lease terms. Be proactive in monitoring lease expiration dates and adhere to agreed-upon timelines for removal. This will help you protect your investment and maintain control over your billboard assets.
When a lease for your billboard space expires, it’s not a time to procrastinate or take chances. Promptly removing your billboard ensures that it remains your asset and not an unintended part of the real estate. By understanding the legal implications and acting per lease terms, you can safeguard your billboard investment and maintain control over its future use. At Hamlin | Cody, we have you covered. With extensive experience since 1985 in billboard advertising, we’re here to help you safeguard your billboard investment. Contact us today!
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