Legal Question in Real Estate Law in Michigan

Ownership of sign and pole on another company's property

Businesses are in a strip mall. Around 1970 previous owner (a) of corner business reached an agreement with previous business (b)to put up pole and signs on business (a) property with both owners signs on it. Business (b) paid for entire costs. New owner since 2000 of business (a) recently took down sign of new owner since 1993 of business (b) and said she did not give permission for business (b) to have their sign up and replaced it with her sign. Does business (b) have any legal rights to have their sign put back up. What recourse do they have. Paperwork to prove payment of sign and pole and agreement between previous owners are available.


Asked on 7/12/04, 8:40 pm

2 Answers from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Ownership of sign and pole on another company's property

Whether the successor owners of the two businesses are bound by the agreement will depend, in part, on which companies signed the agreement. If the two current companies are the same companies which executed the contract in 1970, and if the term of the agreement is not limited, then the companies likely still are bound by the agreement. If the current businesses are different entities (i.e. different corporations, L.L.C.s, etc..) from those in the contract, however, then they might not be bound. If either of the two companies is different, but there has been an assignment of rights from the original parties to the contract, then the parties might still be bound, assuming that the original contract allows for assignment of rights. In any event, it will be necessary to examine the contract, before an accurate analysis can be made.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 7/13/04, 11:29 am
Blake Lipman Law Office of Blake P. Lipman

Re: Ownership of sign and pole on another company's property

Forget who owns business,....who owns the real estate? Was the agreement to allow the sign in writing and recorded? For more info., please contact my office at (248)851-3171.

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Answered on 7/13/04, 1:54 pm


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