California out of home attorney Richard Hamlin had this comment on Rothfelder on Unrecorded Leases and Constructive Notice.

Early in my OOH career, I asked my client why they did not record their leases.  He said it became too much of an administrative burden to deal with requests to release recorded, but expired leases.  For the reasons given in Richard Rothfelder’s article, we have successfully argued for constructive notice in several lawsuits.

One caution:  if there is no imprint on the sign, there may not be enough to put buyers on notice of the OOH company’s interest.  Buyers would have a duty to inquire of the landowner/seller.  If the seller misrepresents the situation, the billboard owner may be out of luck.

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