Wisconsin Electric Powerline Easement
Description
How to fill out Electric Powerline Easement?
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FAQ
Under the common law, a party's use of another's real property becomes a prescriptive right upon: 1) an adverse use; 2) that is visible, open, and notorious; 3) under an open claim of right; and 4) continuous for 20 years.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
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.
The landowner sells the easement to the utility for a negotiated amount of money, generally paid in one lump sum. The contract specifies restrictions on both the utility's and the landowner's use of the land and specifies the rights of the utility.
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.
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.
The elements of adverse possession include: (1) actual possession; (2) hostile use; (3) open and notorious use; (4) continuous; and (5) exclusive use of property. [s. 893.25 (2), Stats.] All of the elements must be present for the entire statutory time period before property is adversely possessed.
In Wisconsin, it is prohibited by law to build a dwelling under a power line. It is important that you discuss projects with the utility in order to avoid creating situations that could become unsafe to the landowner and/or utility workers.
