Legal Question in Real Estate Law in Wisconsin

Easement on my land to the lake

I currently own 110 feet of lakefront frontage on a lake in Wisconsin. On that land there is a 40 ft easement for ''ingress & egress to the lake and for limited use of the dock on same lake.'' The property recently was sold and now the new owner has installed a pier on the easement portion of my property. The Wisconsin DNR will only allow one pier per 150 ft for riparian owners. Since the easement states ''limited use of dock on the lake'' does this mean that limited use allows for the placement of a pier on my land? The original intent of the easement (so I'm told) was to allow the owner of the easement to have acces to the lake and to use the pier that was built by a local bar that originally owned all the surrounding land. Now the bar & pier are gone. Do I need to hire a lawyer or does the term ''limited use'' prohibit the installation of a fixed pier on my land?


Asked on 5/27/08, 1:21 am

2 Answers from Attorneys
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Easement on my land to the lake

I'm not a Wisconsin attorney, so my knowledge is limited to Illinois law. But an easement is for use of another only; it doesn't generally allow them to build something on the easement.

However if I understand you correctly, the pier anticipated by the easement was gone and an adjoining owner replaced it. I don't think there's an easy, set answer to that question and I suggest finding a local real estate attorney up there. Try calling the state or county bar association and see if they operate a referral service.

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Answered on 5/27/08, 2:01 pm
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Easement on my land to the lake

I'm not a Wisconsin attorney, so my knowledge is limited to Illinois law. But an easement is for use of another only; it doesn't generally allow them to build something on the easement.

However if I understand you correctly, the pier anticipated by the easement was gone and an adjoining owner replaced it. I don't think there's an easy, set answer to that question and I suggest finding a local real estate attorney up there. Try calling the state or county bar association and see if they operate a referral service.

Read more
Answered on 5/27/08, 2:01 pm


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