Just as sometimes your neighbor might have a right of way easement so that they can access their property across yours, or a utility company may have an easement allowing cables or power lines across your property, so to can a person or company hold an easement allowing them to construct and display a billboard on your property. Essentially, that’s what a billboard easement is. The right to construct and maintain a billboard on a piece of land that you or a company does not own.
A person holding a billboard easement has certain rights that go beyond mere existence of the billboard itself. These rights were clearly laid out by the California Court of Appeal’s Sixth District in Hill v. San Jose Family Housing Partners, LLC (2011) 198 Cal.App.4th 764. There, the court found that when an express billboard easement exists, even if “the agreement does not include the terms “view” or “line of sight,” it is clear the parties to the easement agreement necessarily intended that the billboard must be visible to passing motorists.” 198 Cal.App.4th at 778.
Therefore, the person who owns the property upon which a billboard easement rests cannot construct buildings that would block the view of the billboard. However, the owner of the billboard easement must keep in mind that the ownership of an easement right does not mean that they are excused from complying with all applicable permit and zoning requirements.
If you are in need of a real estate attorney in Los Angeles, a surrounding city, or elsewhere in California, contact Schorr Law! Our attorneys are highly experienced with various types of easements. In fact, we have previously dealt with a billboard easement matter for one of our clients. You can contact us through either of the following channels:
Give us a call at (310) 954-1877 | Send us a message by using our Contact Form | More of a texter? You can also text us at (323) 487-7533 (make sure to include your name) | Send us an email at email@example.com.
By Katy Cummings, esq.