Wisconsin Easement and Right of Way for Roadway Allowing Access to Lands

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US-OG-074
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Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

Electric and natural gas utility easement guidelines Lots with minimal vegetation along lot lines and relatively even terrain should have a utility easement of a 8-foot-wide strip along each side of each lot and a 15-foot-wide strip along rear of each lot.

An easement is the legal document that must be signed by the landowner before the utility can proceed. What is a right-of-way? A right-of-way is the actual land area acquired for a specific purpose, such as a transmission line, roadway or other infrastructure.

Ountless tracts of land in Wisconsin can be reached only by hunting paths, logging roads, or driveways over neighboring lands. Frequently, there is no written document that grants legal access to these tracts. Often, access has continued unchallenged for more than 100 years.

Essentially, the Act provides rights owners can ?travel across another's land to reach a location? or for another ?specified purpose,? and are allowed to continue to assert those rights so long as (a) the rights were specified in a recorded instrument on or after January 1, 1960, (b) the rights were specified in an ...

In Wisconsin, by law, the width of a road is presumed to be 66 feet, unless there is evidence to the contrary.

An easement deed can be acknowledged in this state before a notary public; a judge, clerk, or deputy clerk of a court of record; a court commissioner; a register of deeds or deputy register of deeds; a municipal judge; or a county clerk or deputy county clerk (706.07).

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. Examples of affirmative easements might include: Utility access for water, power lines, septic systems.

2021 Wisconsin Act 174 creates an exception to this re-recording requirement for an easement set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose.

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Wisconsin Easement and Right of Way for Roadway Allowing Access to Lands