Wisconsin Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
There are four common types of easements. They include easement by necessity, easement by prescription, easement by condemnation, and party easement.
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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.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.
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 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.
In urban areas, boulevard medians, traffic lanes, bike lanes, curb & gutter, terraces, and sidewalks are part of the right-of-way. Also, there are locations in some urban areas where WisDOT's right-of-way extends right to a building foundation or wall of an adjoining property.
