Realtor Putting up Directional Signs

Realtor Putting up Directional Signs

"BiG_Orange" <@>	3/13/2004 7:04:51 PM
We had a problem last year with realtors sticking up directional signs everywhere because nobody cared until it got out of control. It was under control until recently. Now we have one realtor refusing to remove his, and he has went as far as chaining them to telephone poles and mailboxes. The property restrictions state: no sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the house for sale or rent, or signs used by the builder to advertise the sale of the property during the construction and sales period. There are no ordinances, we are in the county. We have no home owners association, the restrictions say a property owner can enforce them. The last time someone removed the signs he reported them stolen. We never found out who took them down, but it really doesn't matter, I can't believe he put them back up. I have him on tape stating he read the restrictions and also saying "how about I come over to your house and tear down your mailbox" So do we take him to small claims court? Is this a case a lawyer would want to take? Thanks in advance! B.O.



"Richard"	3/13/2004 7:57:01 PM
BiG_Orange wrote: We had a problem last year with realtors sticking up directional signs everywhere because nobody cared until it got out of control. It was under control until recently. Now we have one realtor refusing to remove his, and he has went as far as chaining them to telephone poles and mailboxes. The property restrictions state: "no sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the house for sale or rent, or signs used by the builder to advertise the sale of the property during the construction and sales period." There are no ordinances, we are in the county. We have no home owners association, the restrictions say a property owner can enforce them. The last time someone removed the signs he reported them stolen. We never found out who took them down, but it really doesn't matter, I can't believe he put them back up. I have him on tape stating he read the restrictions and also saying "how about I come over to your house and tear down your mailbox" So do we take him to small claims court? Is this a case a lawyer would want to take? Thanks in advance! B.O. Do nothing but call the phone company and explain this guy chained the sign to THEIR pole. They'll send a crew out with bolt cutters and remove the sign. Be sure to video tape the event so you can show it to the jerk. Then he can go have a hissy fit with the phone company and threaten them.



"BiG_Orange" <@>	3/14/2004 12:05:05 PM
Do nothing but call the phone company and explain this guy chained the sign to THEIR pole. They'll send a crew out with bolt cutters and remove the sign. Be sure to video tape the event so you can show it to the jerk. Then he can go have a hissy fit with the phone company and threaten them. Can someone else give a response? Obviously the phone company has better things to do that cut off realtors signs, besides, why the phone company, why not the electric company or cable company, they all use the poles. How about the people with them on the mailboxes? Obviously the lot consists of the entire property including the utility right of way, etc.



"David Martel"	3/14/2004 6:17:54 PM
Orange, If someone puts a sign on a mailbox or post that you own then remove the sign. If someone puts a sign on your property, then remove the sign. If someone puts a sign along the road, i.e. on county or state property then raise the issue with the county or state. You do claim that there are "no ordinances" so don't be surprised if nothing happens. Your belief that "property restrictions" allow you to trespass and steal these signs is almost certainly wrong. In reading your quote of the property restriction it does not sound as if signs along the road right of way, the directional signs that you mention, are controlled by these restrictions. No offense but don't you have better things to do with your time? I don't doubt that you are sincere in your complaint but it doesn't sound as if your complaint is valid. If you must, try and get an injunction but speak with a lawyer first. I don't think that this is a matter for a small claims court but I could be wrong. You can get an answer to this question at the clerk's office Good luck, Dave M.



horrigan@aol.com (Horrigan)	3/14/2004 7:08:45 PM
David Martel says: You do claim that there are "no ordinances" so don't be surprised if nothing happens. The OP said there are no ordinances because his area is not part of any municipality. I found that a slightly odd statement---- OK, there is no city government in his area, but there are still county and state governments which MIGHT have laws regulating where you can put signs. In any case, if the signs offend him that much, he can always, as has already been suggested, take the signs down. Or better yet, learn to overlook them :-) I wouldn't reccomend going to small claims court. I have been to small claims court and it was not that much fun! And the process is mostly designed for cases where Party A has done something wrong to Party B which can be remedied by having Party A give party B a small sum of money. Although these disputes often crop up because Party A is pissed at party B, small claims court is NOT designed as a venue where you can confront someone who hasn't actually caused injury, damage, etc. to you personally. Those realtors' signs may be unsightly, but the OP would have to work pretty hard to find an angle where the realtors can be construed as having done something to him which can only be remedied by paying the OP some $$$. *** Tim Horrigan <horrigan@aol.com> ***



"BiG_Orange" <@>	3/14/2004 10:34:59 PM
If the property restrictions state you can only put up one sign, then why should they be scattered all over the sub division? I guess I don't understand the purpose of the restriction. Is there any harm in knocking them down?



"David Martel"	3/15/2004 1:41:01 PM
" If the property restrictions state you can only put up one sign, then why should they be scattered all over the sub division? I guess I don't understand the purpose of the restriction. I suspect that the purpose of the restriction is to prevent the proliferation of signs that you are experiencing. But, from what you've posted it sounds as if the restrictions are badly written since there is no enforcement, no enforcing body, and nothing to prevent third parties from placing signs on unrestricted property, the road right of way. Is there any harm in knocking them down? Tearing down someone's signs may get you arrested unless you have a valid reason for taking them down. The restrictions that you cite are not a valid reason for you to act in this manner. Clearly you don't want to accept my opinion, so seek another. Many attorneys offer a free first consult. If the attorney does believe that he can produce a result that you will like be sure you understand the anticipated cost. Dave M.

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