Wisconsin Nonexclusive Easement and Right of Way to Use Grantor's Private Road

State:
Multi-State
Control #:
US-OG-073
Format:
Word; 
Rich Text
Instant download

Description

This form grants the nonexclusive right to make use of the Grantors existing road.

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FAQ

(a) ?Access easement? means an easement that is appurtenant to real estate and that provides ingress and egress between the real estate and a public road by means of a private road or driveway. (b) ?Access easement holder? means the owner of real estate that is benefited by an access easement.

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.

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).

An easement is the legal document that must be signed by the landowner before the utility can proceed. What is a right-of-way? A right-of-way is the actual land area acquired for a specific purpose, such as a transmission line, roadway or other infrastructure.

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.

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.

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.

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.

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Wisconsin Nonexclusive Easement and Right of Way to Use Grantor's Private Road