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Massachusetts Supreme Judicial Court - 18 N.E.2d 362, 302 Mass. 54
Tags: Property, Easement in gross, License, Lease
tl;dr:
A contract between two parties that allowed one party the exclusive right and privilege to advertise on the building of the other party is an easement in gross, and it is not revocable.Video Summary
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The plaintiff obtained an agreement from the defendant granting exclusive rights to maintain an advertising sign on a building owned by the defendant. The agreement was not effective until accepted by the plaintiff, which was done by sending a check that was returned. The plaintiff erected the sign and maintained it until the defendant removed it. The plaintiff filed a bill for specific performance, arguing that the writing was a lease, but the judge ruled that it was a contract to give a license. The writing gave the plaintiff the exclusive right and privilege to maintain an advertising sign on the wall of the building, but did not transfer possession of the wall to the plaintiff. The writing was mislabeled as a lease and did not convert it into a lease. The defendant appealed and refused the plaintiff's tendered money for renewal.
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