Easements

 

LICENSES: THE LAND WHERE CONFUSION ABOUNDS

From time...

Summary: The circuit court has discretion to modify an easement based on impossibility.

Muellenberg v. State Deptment of Transportation, 2015 WI App 48, 363 Wis....

Summary: The exclusivity element required in adverse possession and prescriptive easements are not one in the same. The former requires that title be divested, while the latter...

Summary: Mere failure to provide terms specifying non-exclusivity does not limit the ingress and egress to solely the grantees if other factors suggest the intention of the...

Easements

Roberts v Tholl, 745 NW2d 87 (Wis Ct App 2007).

Facts: On September 22, 1999, George and Deborah Roberts Family, LLC (...

Summary: When alleging prescriptive easements, language in the pleading that indicates permissive use can be fatal to the claim.

Shields v. Taylor, 976 N.E.2d 1237...

Summary: Deed provisions that established mutual use and maintenance of the parking areas and sharing of expenses to maintain the party wall between the grantor and grantee...

Summary:  The plain language of the easement governs despite practical indications that might suggest otherwise.

Trust No. 6011, Lake Cy Trust Co. v Heil’s Haven...

Summary:  An easement may be terminated by a merger of the title to the dominant and servient tracts.

Zemke v Hanson, 2011 AP 1104 (Wis. Ct. App., 2012).

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