Legal Question in Real Estate Law in Wisconsin

Easement - length of rights
My family has had a vacant but buildable property for 45 years. It has an 'easement' through a neighbors property. We have recently decided to build on this property and use this easement for access. Other access is possible, but using the easement would best suit our building plans. The neighbor has notified us that the easement cannot be used because over the last 50 years that we haven't made use of it and that this 'disuse constitutes abandonment'. As late as 1990 this neighbor signed a CSM (certified survey map) which included this easement. Question: Can this easement be given up without our permission, notification or without our abandoning it?

Asked on 3/03/02, 10:37 pm

Thomas Schober Schober Schober & Mitchell, S.C.

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Re: Easement - length of rights

Generally, easements are created to "run with the land."

In such cases, they do not expire for non use. However,

just like other interests in land, they may become

adversely possessed by someone who uses the area open

and notoriously, in a fashion that denies you of the

use of the easement.

It would be important to look to the documents creating

the easement and the history of the properties to

see what conclusion could be made.

Is there other access to the property, or is the property

land locked without this easement?

Answered on 3/05/02, 12:05 pm

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