billboard

[mickeyd34]

Jurisdiction

Missouri

Back in 2006 I sold 2 pieces of property on contract.One was a business and one was just bare land..the purchaser fulfilled the contract on the business but backed out on the land....The property was never surveyed prior to my purchase or sale..The purchaser had a billboard erected , without surveying the property, assuming that the billboard was on the business property, which it was not...I had concerns that the billboard was on the property they defaulted on, but due to ongoing health issues and living 14 hours away,never bothered to investigate.Early in February I was presented a offer for the property.The prospective purchaser inquired about the billboard so i ordered a survey to find out.It turns out the billboard is in fact on my property..The billboard was contracted to be built by the party that had defaulted on the initial contract,who then in turn *sold* the billboard and was also receiving monthly royalties on the billboard.Some time later, the billboard was once again *sold* to the now current billboard company..I contacted the current billboard company to make them aware that i was the actual owner of the property the billboard was on and they said that in the future i would receive any billboard rental payments.What i want to know is what am i entitled to as far as any*back* payments , and since the billboard was built with out a survey to determine who owned the land its on, can i also take ownership of the billboard and then sell it myself ?

 

[adjusterjack]

What i want to know is what am i entitled to as far as any*back* payments , and since the billboard was built with out a survey to determine who owned the land its on, can i also take ownership of the billboard and then sell it myself ?

I don't think you have a case for any back payments since you sat on your rights (reason irrelevant) while somebody else was getting paid.

As for your ownership of the billboard, it possibly has become part of your real estate and thus belongs to you but I strongly suggest you hire a real estate lawyer who can properly cement that ownership.

 

[army judge]

First of all I suggest you read this thorough analysis of ADVERSE POSSESSION in MO, written by a MO attorney:

Adverse Possession: When Your Property Isn't Yours Anymore - Weiss Attorneys at Law

The immediate takeaway is that the billboard must have been on the property for TEN YEARS or more. This saga began in '06, so you might have reached the 10 year mark.

Assuming its been there over TEN YEARS, you might now want to discuss your MO specific remedies with a MO licensed attorney, or two.

If AP will or has kicked in, your remedies might be broader than the mere rental payments you're being offered.

Until you've consulted those attorneys, I suggest you remain non-committal, if not MUTE.

Don't do ANYTHING until you've received REAL LEGAL ADVICE.

 

[mickeyd34]

First of all I suggest you read this thorough analysis of ADVERSE POSSESSION in MO, written by a MO attorney:

Adverse Possession: When Your Property Isn't Yours Anymore - Weiss Attorneys at Law

The immediate takeaway is that the billboard must have been on the property for TEN YEARS or more. This saga began in '06, so you might have reached the 10 year mark.

Assuming its been there over TEN YEARS, you might now want to discuss your MO specific remedies with a MO licensed attorney, or two.

If AP will or has kicked in, your remedies might be broader than the mere rental payments you're being offered.

Until you've consulted those attorneys, I suggest you remain non-committal, if not MUTE.

Don't do ANYTHING until you've received REAL LEGAL ADVICE.

I conta

I don't think you have a case for any back payments since you sat on your rights (reason irrelevant) while somebody else was getting paid.

As for your ownership of the billboard, it possibly has become part of your real estate and thus belongs to you but I strongly suggest you hire a real estate lawyer who can properly cement that ownership.

I don't think you have a case for any back payments since you sat on your rights (reason irrelevant) while somebody else was getting paid.

As for your ownership of the billboard, it possibly has become part of your real estate and thus belongs to you but I strongly suggest you hire a real estate lawyer who can properly cement that ownership.

 

[mickeyd34]

I conta

First i wouId like thank all that replied!! I contacted one attorney and all they would tell me is what they would charge me,wouldn't tell me what exactly would be done,if I am having to pay ,I think its reasonable to know what would be done in order to protect my interests .

 

[adjusterjack]

What an attorney wants is for you to make an appointment for a consultation, hand him a retainer check and FULLY apprise him of ALL the details of your case and THEN he will tell you exactly what he can and will do for you.

He can't tell you anything based on a brief phone call.