Legal Question in Real Estate Law in Wisconsin
Property and property line issues
When we moved into our home, we had empty lots on all sides. Every home-owner in the subdivision was provided plat surveys stating exactly where our driveways needed to be, all house plans, etc. had to be approved by the original land owner.
Question #1: Our new next door neighbor (Not living in the home yet...still under construction) brought in a tremendous amount of fill to his lot, to raise it up. The developer tells me that this owner never got approvals for his home plans, driveway, etc. During this Spring and Summer, we sustained damage to our property from silt, rocks, etc. that flowed onto our property from his (we spent a lot of money on landscaping last Summer). The home-owner tells me that he does not have to fix our property. What do I do to get my property fixed?
2)This same home-owner's gravel driveway is over our property line, at the street. The lot-line is at an angle, and their driveway is straight. I have spoken with the same home-owner about moving the driveway, and he tells me that since it is on town easement, he does not have to move the driveway. The driveway is still gravel, and not yet paved. Is it true that a driveway can cross property lines if it is on an easement?
2 Answers from Attorneys
Re: Property and property line issues
Yours is the second question that has come up in the past two weeks dealing with the same water runoff issue. As to the last question, I in part answered: "...in 1974, Wisconsin abandoned the "common enemy doctrine" with respect to water, and replaced it with a "reasonable use" standard. Under this case law, you may have recourse against your neighbor if what he did was not reasonable use of his land with respect to what it caused with respect to the reasonable use of your land. These are fairly complex legal issues and you should consider obtaining competent legal counsel."
In your situation, if your neighbor's fill in not reasonable with respect to the harm is causes you, you may have a case. In addition, most communities in Wisconsin have laws establishing the grade at which a building may be built. Some research should be done as to whether the grade was complied with.
As to the driveway and easement, the easement is to the municipality for public use, not to the neighbor for his driveway. You could force him to keep it on his own land. There may even be side yard requirements so all his snow doesn't end up being pushed on your land in the winter.
Re: Property and property line issues
Hello,
Attorney Schoeber beat me to a reply, and I can add nothing to what he said. I agree that you should consult a local attorney or two for further information.
Best wishes, Mark J. Mahoney
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