Legal Question in Real Estate Law in Wisconsin
Easement rights
I own property that is landlocked, but has a recorded ingress/egress easement over adjacent property to the public road. The easement is recorded as a 33 foot easement. I have graveled about 15 feet of the easement so far but would like to maintain the remainder of the 33 foot easement by grading for drainage purposes and keeping the brush and trees from posing future problems with the driveway and power lines that run down the driveway. I also plan to widen the driveway in the future. Do I have the right to maintain this entire 33 foot area? The property owner is objecting to me maintaining the area, stating that I can only maintain the existing graveled part of the easement.
2 Answers from Attorneys
Re: Easement rights
There are some exceptions, but generally, you have the
right to maintain and use the entire 33 feet.
Re: Easement rights
If it is a recorded 33 foot easement, then you are likely able to maintain the entire width of the easement area; however, much depends upon the wording of the easement.
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