By Attorney William W. Wirkus
An easement can come in many different forms, but it is basically a right to use the property of another for a specifically defined purpose. Sometimes easements arise through continuous use and the passage of time (i.e. prescriptive easements) and other times through the agreement of one or more parties (i.e. private easements).
A well-drafted private easement can give parties peace of mind regarding their rights to use a piece of property and spell out the obligations of the parties regarding acceptable use and the maintenance of an easement area. Common types of private easements in Wisconsin fall under varying names, including:
Often times these easements will and should be accompanied by a Maintenance and Use Agreement to define limitations on the use of the easement and responsibility for maintenance. To protect easement rights and put future interested parties on notice, easements and maintenance agreements should be recorded with the register of deeds in the county where the property is located.
The creation of easements can have unintended consequences on property values, can interfere with the rights of others (including of a mortgagee/bank), and may, in some cases, be prohibited by law. To ensure your easement and/or maintenance agreement complies with Wisconsin law, is enforceable, and accomplishes what you are intending, contact an experienced real estate attorney today. Provided there are no unique circumstances surrounding the creation of the easement, it is generally a low-cost and affordable process.
Contact Walden, Neitzke & Kuhary, S.C. today for a free consultation to discuss your real estate or easement needs, anywhere within the State of Wisconsin.
Disclaimer: This article is general in nature, is not exhaustive, and should not be relied upon as legal advice, because legal advice cannot be given without full consideration of all relevant information relating to an individual’s situation. This information is intended for Wisconsin only.