Wisconsin Utility Easement

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Multi-State
Control #:
US-EAS-28
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Word; 
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This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

A Wisconsin utility easement is a legal arrangement that grants the utility company the right to use a specific portion of land for the installation, repair, and maintenance of utility infrastructure. This easement allows the utility company to access the property to carry out their operations, ensuring the proper functioning of essential services like electricity, water, gas, sewerage, telecommunications, and cable TV. In Wisconsin, there are different types of utility easements, each serving a specific purpose. These include: 1. Electric Easements: This type of easement is granted to electric utility companies to establish, operate, and maintain power transmission lines, substations, transformers, and other related equipment. 2. Water and Sewer Easements: Water utility companies and municipal authorities are granted these easements to construct, operate, and maintain water supply lines, wastewater pipelines, pump stations, and wells. These easements help ensure the efficient delivery of clean water and proper disposal of sewage. 3. Gas Easements: Gas utility companies acquire gas easements to install and maintain natural gas pipelines, meters, regulators, and associated equipment. These easements play a crucial role in the safe and reliable delivery of natural gas to homes, businesses, and industries. 4. Telecommunications Easements: Telecommunication companies, including telephone, cable TV, internet service providers, and fiber optic network providers, may obtain easements to install infrastructure such as cables, wires, transmission towers, and equipment necessary for communication services. 5. Right-of-Way Easements: These are specifically used for transportation utilities like roads, highways, and railways. They grant rights to construct and maintain infrastructure necessary for transportation purposes, including bridges, culverts, and other facilities. It is important to note that while these utility easements grant rights to utility companies, they do not transfer ownership or full control of the land. The landowner retains ownership but must allow reasonable access to the utility companies for their authorized activities within the defined easement area. In Wisconsin, utility easements are typically established through written agreements or contracts between the utility company and the property owner. These agreements specify the terms, limitations, and rights of both parties involved, ensuring the proper and lawful use of the easement area while protecting the rights and interests of the property owner.

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FAQ

3079 TERMINATION OF EASEMENT BY ABANDONMENT You must find that (easement holder)'s conduct clearly indicates an intention to give up the use of the easement for the future as well as for the present. [Conduct, that is inconsistent with the continued use of the easement, indicates an intention to give it up].

Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.

To protect easement rights and put future interested parties on notice, easements and maintenance agreements should be recorded with the register of deeds in the county where the property is located.

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).

Electric and natural gas utility easement guidelines Lots with minimal vegetation along lot lines and relatively even terrain should have a utility easement of a 8-foot-wide strip along each side of each lot and a 15-foot-wide strip along rear of each lot.

Length of Easements Terms The easement becomes part of the property deed and is thereafter transferred with the property. Except in certain farmland situations, the easement compensation is a one- time payment by the utility to be allowed to maintain the ROW and protect the line in perpetuity.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

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The Public Service Commission of Wisconsin (PSCW) offers this overview to landowners who must negotiate easement contracts with utilities for new electric ... Include on the face of your plat the easement provisions that appear on the We Energies Utility Easement Provisions sticker, along with a key that identifies ...... easement with the utility have the specific rights provided under the Wisconsin ... To complete a satisfactory easement negotiation, however, both the landowner ... Apr 15, 2021 — Utility Easement – It allows a utility company or local municipality to access your property for things such as power lines, water lines, ... Some appropriate documents to review may include: plat maps, DOT permits, municipal easement documents, utility easement documents or county property tax ... Fill in the date of conveyance and name of Landowner and Easement Holder; use full legal names and indicate status of parties. For corporations, check to sure ... The Utility Unit will photocopy the comment sheet and the cover of the permit. This copy will be kept in the Utility Unit file to help retrieve the actual ... Nov 11, 2021 — According to Wisconsin Statute § 893.33(6), easements are enforced for a period of 40 years from the initial easement recording. Therefore, it ... Grantor wishes to grant such easement to Grantee in the manner and form following. THEREFORE, for valuable consideration, the parties hereto agree as follows: 1 ... May 2, 2022 — Wisconsin law exempts certain interests from the 40-year statute of limitations, such as interests of utilities and railroads, political ...

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Wisconsin Utility Easement