Wisconsin Grant of Easement for Light and Air

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Multi-State
Control #:
US-01170BG
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Word; 
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Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

2021 Wisconsin Act 174 creates an exception to this re-recording requirement for an easement set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose.

On a rural 2-lane highway, some people assume this distance is 66 feet. This is not true in many situations. Only when no government acquisition records exist, state law (for nearly the last century) presumes the government owns a 66-foot wide right-of-way as an easement.

Ountless tracts of land in Wisconsin can be reached only by hunting paths, logging roads, or driveways over neighboring lands. Frequently, there is no written document that grants legal access to these tracts. Often, access has continued unchallenged for more than 100 years.

Only when no government acquisition records exist, state law (for nearly the last century) presumes the government owns a 66-foot wide right-of-way as an easement. Most state highways, however, are much wider than 66 feet.

Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.

Avigation easement example The local government wants to expand the airport's runway, and it needs that airspace free of obstructions to meet legal regulations regarding aircraft landings.

Lots with heavy vegetation along perimeter and/or great terrain differential should have a utility easement of a 8-foot-wide strip along each side of each lot and a 15-foot-wide along the front of each lot. Large lot sizes or heavy vegetation make facility installation along rear lot lines difficult.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.

Essentially, the Act provides rights owners can ?travel across another's land to reach a location? or for another ?specified purpose,? and are allowed to continue to assert those rights so long as (a) the rights were specified in a recorded instrument on or after January 1, 1960, (b) the rights were specified in an ...

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Wisconsin Grant of Easement for Light and Air