Billoard trespass

[onestr8]

I am in Missouri.

As some of the more tenured members may recall, a billboard was constructed on the parcel next door to my property - much to my chagrin.

They recently completed adding the catwalks, ladders, lighting, etc. I went to take a closer look and it is plain to see that the billboard overhangs onto my property by a number of feet. I am just going by eye so it's hard to give a precise measurement but there are recently placed survey/property markers and a tree that is right on the property line. There is definitely a trepass.

I plan to call and see what the billboard company says when I inform them of the trespass. These are their options as I see them, please correct me if I am wrong - they can try to buy a sliver of my property, negotiate a lease for said property or relocate the billboard to eliminate the trespass.

Any other options or circumstances that I should be aware of? Pros and cons of each option?

Thanks for any and all advice
Onestr8

 

[FarmerJ]

Are billboards addressed by your city/ county govt center zoning rules ? If so what does the local ords have to say about setbacks ?

 

[onestr8]

Billboard Trespass

Just realized my typo in the subject line!

The ordinances do address billboards but as my property is zoned commercial there are no setback requirements - they can go right to the property line. After looking at the situation more closely (there was a crazy amount of snow and ice when I first checked it out) it is really clear that the board crosses the property line.

I am waiting for a return call from the billboard company's real estate manager. I'll post what comes of it, if anything.

Thanks for your interest and response, FarmerJ.

 

[FarmerJ]

Just curious here, is this a home that is on land that has a zoning code that makes the home a non conforming use ?

 

[onestr8]

That is correct. We are zoned commercial but permitted as residential. While interesting for a variety of other reasons - and I'm wondering if your curiosity stems from experience - that shouldn't have any bearing on trespass law.

 

[FarmerJ]

My first house was in land zoned in mpls mn as M3 wich was non conforming use. Really it comes down to how well your city /county ords regarding setbacks were written. Do your self a favor keep that home in tip top shape , BUT remember that they likely are not going to let you rebuild or repair should the home meet a local definition of destroyed. (fire , flooding , tornado) or condemned. BUT on the same token If you were to have a licensed home business in the house at the time such a event occurs it this could change that too.

 

[onestr8]

Wow. You are reading my thoughts!

I am currently looking into leasing the house as commercial space for just this reason. The local ordinances and the city manager have made it clear that if it is more than 50% destroyed for any reason that I could not rebuild (not as residential anyway).

The house sits directly across the street from a soon to be completed luxury car dealership, so I am sure that some insurance agent, loan broker or the like would enjoy close proximity to such a business.

As for the billboard, the real estate manager has admitted to the trespass and wants to meet to discuss potential remedies. I will see what he has to say but I'll probably let my attorney handle it from there. It seems to me that a lease might be best. We'll see.

Did you ever encounter any problems due to your nonconforming use situation? In my case, there was some initial inquiry into using eminent domain (luxury car dealership), but the city shot them down due to some recent negative publicity in regard to previous attempts by the city to use eminent domain.

Thanks again for your interest and response.

Onestr8