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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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HI there, I have recently committed to commercial lease and

Resolved Question:

HI there, I have recently committed to commercial lease and I have problem with one big company such as Jewson limited, the problem started over some advertisement that they have installed in my property. the previus tenant had not had any issue with them but now that I have taken over the lease I need to advertise there where their sign is. They have threaten me with taking me to court if I move the sign. I have spoken to the main landlord and he has never given them permission to put their sign. they have only been there for 2 years but the sign its been there apparently more then 20 years. they are saying they have prospective right and such thing called grand father rights. is't true and what can I do to have them remove the sign or pay for their advert.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I am sorry to have to tell you that if the sign has been up there for 20 years or more without consent , then they have acquired what is called a prescriptive easement for the sign to stay in place.

I assume that it is not one of the hoardings for which they pay an annual rent, and for which you would be paid a fee by the hoarding company?

There's really no way of sugar coating this unfortunately.

I am sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

HI,


 


Its not on hording its on my fance and they have been there for only 2 years to but the other company that Jewson took over they have been there for long time again with out landlord permison.


 


they have not paid any one for the advert... .


 

Expert:  Jo C. replied 3 years ago.
Thank you.

Unfortunately it is not paying for it that gives you the problem.

If they did pay for it, it means that they must have consent and if they have consent, the consent can be withdrawn.

If they do not pay, it is implied that they do not have consent and after 20 years, they obtain the Prescriptive Easement under the Prescription Act.

It is also not the time that Jewson have been there, but the time that the sign has been there collectively for Jewson's and for their predecessor added together, even if their predecessor was in a different business.

In that time in total is over 20 years, they obtain the Easement. It does not even have to be the same sign provided it is now not bigger.
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