In Wisconsin, the concept of Non-Exclusive Roadway Right of Way refers to the legal rights bestowed upon the public or certain groups for using specific areas of limited accessibility or proximity to a roadway. This type of right of way grants individuals or entities the privilege of traversing or accessing a certain area, even if they do not hold any ownership or possessor rights over it. The Wisconsin Non-Exclusive Roadway Right of Way is based on the principle that certain areas adjacent to or near a road may serve specific purposes, such as utilities or public access. These areas are allocated to particular groups or organizations to ensure unimpeded usage for their designated activities. It is important to note that these rights do not grant ownership, but rather provide temporary or conditional usage rights that are subject to the limitations and regulations set by the state. There are various types of Wisconsin Non-Exclusive Roadway Right of Way, each established for distinct purposes and granted to specific entities. Some of these types include: 1. Utility Easements: Utility companies, such as power suppliers or telecommunication providers, may hold non-exclusive rights of way to install, maintain, and access their infrastructure, such as power lines, pipelines, or communication cables, alongside or near roadways. This ensures unobstructed access for regular maintenance, repairs, or expansions. 2. Pedestrian Walkways: Non-exclusive right of way may be granted to pedestrian walkways, sidewalks, or trails that run parallel to or intersect with roadways. These rights guarantee safe and accessible paths for pedestrians, promoting walk ability, and reducing road-related hazards. 3. Bicycle Lanes: Similar to pedestrian walkways, non-exclusive right of way may be designated for bicycle lanes or shared bike paths alongside roadways. These lanes provide a dedicated space for cyclists, enhancing safety, and encouraging eco-friendly transportation alternatives. 4. Public Access Points: Non-exclusive right of way may also be established to grant public access to certain areas adjacent to roadways, such as parks, recreation areas, or scenic viewpoints. This allows individuals to enjoy the natural beauty or offerings of these areas without compromising road safety or disrupting private properties. In all cases, Wisconsin Non-Exclusive Roadway Right of Way comes with specific obligations and restrictions. These include adhering to any limitations, regulations, or permits established by local authorities, respecting the rights of adjacent property owners, and maintaining the designated areas in a safe and functional condition. Understanding and respecting the different types of Wisconsin Non-Exclusive Roadway Right of Way is crucial in promoting well-regulated, efficient, and safe public access to various areas, utilities, and infrastructure alongside roadways. By upholding these rights, individuals and organizations can contribute to the overall development and sustainability of Wisconsin's transportation infrastructure.
Wisconsin Non-Exclusive Roadway Right of Way
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How to fill out Wisconsin Non-Exclusive Roadway Right Of Way?
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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.
