Legal Question in Real Estate Law in Wisconsin

I recently heard of "easement by prescription". is there such a thing and what does it mean? there is a private road along property lines that we have been using for 40+ years. now about 10 years ago there is a new land owner along one side. he is claiming the road is his and won't let anyone use the road without his permission. as i understand it the easement by precription means that if this road has been there and used by neighbor land owners for many years before the new landowner was here that this easement exists. that he can not control travel on this road. thank you, wayne


Asked on 3/07/17, 5:52 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Depending upon the history of the surrounding lands (when and by whom they were subdivided) you might have an argument that the subdivider needed to leave you an access route over his remaining lands (unless the lot was sold as a helicopter landing pad). You also might have an argument based upon adverse possession, although you will need to sue for it if the new owner blocks your access. Talk to an experienced local real estate lawyer about the details in your case.

This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising.

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Answered on 4/02/17, 6:32 am


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