Legal Question in Real Estate Law in Texas

Billboard ''easement'' retained by previous owner

I purchased a property that has an ''easement'' in the contract that grants the previous owner 60x100 feet easement to lease to sign companies. He did not have this written or reviewed by an attorney. He pays no taxes yet receives income from the sign company on the ''easement''. Property is located on major highway - sign company refuses to remove the sign and does not respect my rights and has used my entrance (not included in easement) to maintain the sign. Is this legal and what can be done about it without bankrupting me in legal fees? I only want the sign removed and am looking for an attorney to take the case. I believe the sign company can be held liable but they say it's ''nothing to do with them'', even though this sign belongs to them on my property. It's a big sign company, is there any assistance on a pro bono basis?


Asked on 3/02/05, 5:41 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Billboard ''easement'' retained by previous owner

If the easement is in the deed you received or if the sign lease was already in place when you bought the property, you are likely stuck with it, but your seller and his lessee, the sign company, must abide by the terms of the easement. What that means as a practical matter depends on the specific langauge of the easement grant in the deed. If you got a title policy when you bought the land, the easement or pre-existing lease should have been disclosed in the title report you received before closing. As far as taxes go, the seller should be paying taxes based on the appraised value of the easement. I would be glad to talk about helping you on this, but I'm not able to do it pro bono.

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Answered on 3/03/05, 9:40 am


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