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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