Wisconsin Easement for Streets and Roads

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Multi-State
Control #:
US-EAS-6
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

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.
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FAQ

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 ...

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.

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.

There are many lots in Wisconsin that do not have legal access to a public road, and ingly, are considered landlocked. Although such parcels may be sold, the valuation of the property may be tricky if there is no legal access.

A public right-of-way often allows people to travel across designated parts of private property to access a public area ? most commonly, to allow the public access to a road cutting through private property. As with any legal agreement, property owners granted right-of-way should fully understand its scope.

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).

§ 893.33(6) limits the enforceability of easements for a period of 40 years after the document referencing the easement has been recorded.

In Wisconsin, by law, the width of a road is presumed to be 66 feet, unless there is evidence to the contrary. It does not matter how the road came into being.

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Wisconsin Easement for Streets and Roads