Wisconsin Consent To Encroachment - Into Easement
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FAQ
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.
An affirmative easement, also known as a positive easement, grants permission for land to be used for a specific purpose. Without this type of easement an act may be considered trespassing or nuisance. Examples of affirmative easements might include: Utility access for water, power lines, septic systems.
An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.
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.
An easement deed can be acknowledged in this state before a notary public; a judge, clerk, or deputy clerk of a court of record; a court commissioner; a register of deeds or deputy register of deeds; a municipal judge; or a county clerk or deputy county clerk (706.07).
66 ft. Road right-of-way 33 ft. Please note: Road Right-of-Ways (ROW) may not always be 66' as measured from the center of the road. Sometimes the ROW is only the road prism itself, etc.
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.
If the seller fails to provide the required easement, the town board may, pursuant to proceedings under this section, lay out a road at least 66 feet wide from the inaccessible land to the public highway over the remaining lands of the seller without assessment of damages or compensation to the seller.