Wisconsin Release of Right of Way/Easement: An In-Depth Description In Wisconsin, a Release of Right of Way/Easement is a legal document used to terminate or relinquish a property owner's rights to access or use a specific area of land, typically known as a right of way or easement. It essentially releases any claims, privileges, or interests the property owner may have had over the designated land. A right of way is an authorization granted to an individual or entity, allowing them to traverse or pass through another person's land. This rite of passage generally serves the purpose of accessing a specific location, such as a neighboring property, public road, or utility infrastructure. On the other hand, an easement provides a person or entity with non-possessory rights to use another person's land for specific purposes, such as allowing utility companies to install and maintain power lines or granting access to a neighboring property through a driveway. Types of Wisconsin Release of Right of Way/Easement: 1. Termination Release: This type of release is used when the property owner desires to terminate an existing right of way or easement. It formally extinguishes any rights or privileges associated with the designated land, relieving both the property owner and the grantee from any further obligations or liabilities. 2. Partial Release: In certain situations, the property owner may only want to release a portion of the existing right of way/easement. A partial release allows the property owner to specify the area they wish to release, while still preserving some level of access or use of the remaining portion. 3. Mutual Release: In cases where both the property owner and the grantee intend to terminate the right of way or easement, a mutual release is executed. This type of release requires both parties to sign the document, thereby agreeing to relinquish their respective rights and liabilities associated with the designated land. Important Considerations: — Prior to executing a Release of Right of Way/Easement in Wisconsin, it is crucial to thoroughly review the original agreement, easement contract, or deed that granted the right, as well as any related legal documents. — It is highlrecommendeconsultinglt with an attorney experienced in real estate law to ensure the release is drafted accurately, accounting for all legal requirements and potential implications. — The release should clearly state the names of the property owner and the grantee, the legal description of the land, and a detailed explanation of the rights being released. — Once the release is signed and notarized by both parties, it should be recorded with the appropriate county office where the property is located, such as the Register of Deeds, to provide a public record of the termination. In conclusion, a Wisconsin Release of Right of Way/Easement is a legal document that allows property owners to terminate or relinquish their rights to access or use specific areas of land. Whether it is a termination release, partial release, or mutual release, it is essential to approach such agreements with proper legal guidance to ensure compliance with relevant laws and regulations.
Wisconsin Release of Right of Way/Easement
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How to fill out Wisconsin Release Of Right Of Way/Easement?
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FAQ
In Wisconsin, by law, the width of a road is presumed to be 66 feet, unless there is evidence to the contrary.
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 ...
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.
2021 Wisconsin Act 174 creates an exception to this re-recording requirement for an easement set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose.
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.
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.
