A basic overview of easement rights in Wisconsin. In this presentation we will discuss several types of easements, what they are used for, and ways to end an easement.

1. Everything you need to know about easement rights in WI.

2.  An easement gives legal rights to someone to use your land for a specific purpose.
 Types of Easements:
 Utility Easement
 Private Easement
 Easement by Necessity
 Prescriptive Easement
 Public Easement

3.  An appurtenant easement applies to the land, meaning that if the landowner sells the
land, the easement remains with it.
 An easement in gross gives rights to an individual for as long as the owner owns the
property. The easement belongs to the person rather than the land, so if the land
owner sells the land or easement owner passes away the easement expires.

4.  An affirmative easement, also known as a positive easement, grants permission for
land to be used for a specific purpose. Without this type of easement an act may be
considered trespassing or nuisance.
 A negative easement is a restriction placed on the land. With this type of easement,
there is an agreement that something WILL NOT be done on/with the land.

5.  Unfortunately, easement rights may come with restrictions regarding construction,
fencing or building setback requirements beyond the particular local ordinances.
 Read the easement closely. If there are any restrictions they will be mentioned.

6.  An easement is generally indefinite yet some may include an expiration date. Others
may state that it will expire due to a certain event.
 This is common for personal easements that would expire upon the passing of the
landowner or easement holder.
 Easement rights may also be void if it is no longer necessary. A common example is
an easement that may have been established a long time ago for access to a water
well. If the well is no longer in use, the easement would be void as access to that well
is not necessary.

7.  An easement, will typically, not have a negative effect on property value unless it
severely restricts the use of the property.
 If you have concerns about the resale value of the property with an easement it would
be a good idea to do some research on what similar properties with and without an
easement rights similar to yours, have sold for.
 In your research you should be able to determine right away if the easement has
impacted resale value. For instance, an easement may have no effect on value in a
subdivision where many properties have the same type of easements.

8.  Easement rights will be described in detail on your property deed in the closing
paperwork. If you have not closed on your property yet, your realtor can request a
copy of the title report that will describe the easement that is on your property.
 You can also contact your local County Clerk’s office for a copy of your property deed.
The appropriate charge will be requested to obtain these documents, but the property
deed, as stated above with details all your easement rights.

9.  If you are purchasing a property, be sure to look at whether there are any easements
affecting the property. If you are unsure about any language, or the easement itself,
our real estate attorneys would be happy to look over the documents for you.
 If you are looking to establish an easement on a Wisconsin property, it is best to have
an attorney draft or review your documents before submitting them.
 If you have any additional questions regarding easement rights in Wisconsin call us
today at (920) 499-5700. Our Green Bay Real Estate Attorneys Terry Gerbers and
Ross Kornowske are here to assist you with all of your real estate needs.