Legal Question in Real Estate Law in Wisconsin

Right of way road to property

We have owned our home on a Private Road owned by an elderly man for the past five years. The home is 50 years old and all other previous owners have used this private road access to get to the property. We have never had any problems driving on this road or have the other eight homeowners that also use it.

We are trying to sell the property and are having a hard time because people are scared off by the fact that there is no legal access implied in the abstract, this is also stated in our title insurance policy '' no right of way access to property''. The owner of the private road has said we can always use it but will not sign anything legal or put in writing. This road is the absolutely only way onto our property.

Do we need to fear any denial of access when the owner passes away and the road is passed onto the children?

Is there anything we can do legally on our own to put something in our legal description to always be assured of access to our property?

Please pick my question as I am a worry wart and am having sleepless nights over this.

Thanks in advance!

Sissy


Asked on 6/19/04, 10:58 pm

2 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Right of way road to property

Sissy?

It appears to me that you could get a legal easement, but if the owner wont give it to you,

you might have to go to court to get it. All the other users of the road will benefit from it too, so try to get them to join together and hire one lawyer to get the job done.

Best wishes,

Mark J. Mahoney

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Answered on 6/20/04, 1:11 am
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Right of way road to property

If you have landlocked land in Wisconsin, there is a statutory procedure to get access. Your municipality could be forced to condemn the access and you would have to pay for it. On the other hand, you may have rights in the existing access. That is fairly complex, and you should see a qualified real estate attorney to go over that with you.

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Answered on 6/20/04, 11:26 pm


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