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.
Wisconsin Private Road Maintenance Agreement
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How to fill out Private Road Maintenance Agreement?
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FAQ
Do easements expire? It is a common misconception that easements are indefinite but Wis. Stat. § 893.33(6) limits the enforceability of easements for a period of 40 years after the document referencing the easement has been recorded.
A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
Wisconsin law allows people who trespass and encroach on other's land for a long period of time (typically 20 years) to develop an ownership claim to the property.
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.
Encroachments on the Right of Way can be a safety hazard to motorists and include items such as trees, signs, fences, retaining walls, landscape rock, etc. In most instances Right of Ways extend 33' from the center line of the road, but this distance may vary in some cases.
Prescriptive easements can be established under Wis. Stat. section 893.28(1), which provides: "(1) Continuous adverse use of rights in real estate of another for at least 20 years, except as provided in s. 893.29 establishes the prescriptive right to continue the use.
Road maintenance for privately maintained roads is the responsibility of those using the road. See Civil Code Section 845. Check your title insurance policy; there may be a Road Maintenance Association that was formed in order to provide road maintenance for a privately maintained road.
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.
