Wisconsin Sewer Easement

State:
Multi-State
Control #:
US-EAS-7
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer improvements.

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

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.

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.

What if I Build a Fence in an Easement? All fences require an approved fence permit and City staff has the right to prohibit fences within easements entirely. This prevents fences from blocking access to drainageways or infrastructure that needs to be serviced.

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.

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.

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.

Generally, a width of 30 feet is fairly common.

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.

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Wisconsin Sewer Easement