Wisconsin Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

State:
Multi-State
Control #:
US-OG-651
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Word; 
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Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

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FAQ

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.

Prescriptive easements can be established under Wis. Stat. section 893.28(1), which provides: "(1) Continuous adverse use of rights in real estate of another for at least 20 years, except as provided in s. 893.29 establishes the prescriptive right to continue the use.

Easement rights may also terminate if they are no longer necessary. Easements are a necessary part of property ownership in many cases. You can find the details of easements in your property deed.

3079 TERMINATION OF EASEMENT BY ABANDONMENT You must find that (easement holder)'s conduct clearly indicates an intention to give up the use of the easement for the future as well as for the present. [Conduct, that is inconsistent with the continued use of the easement, indicates an intention to give it up].

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 ...

Limitations. Limitation periods: Recorded easements and restrictive covenants ? 40 years.

Lots with heavy vegetation along perimeter and/or great terrain differential should have a utility easement of a 8-foot-wide strip along each side of each lot and a 15-foot-wide along the front of each lot. Large lot sizes or heavy vegetation make facility installation along rear lot lines difficult.

Do easements expire? It is a common misconception that easements are indefinite but Wis. Stat. § 893.33(6) limits the enforceability of easements for a period of 40 years after the document referencing the easement has been recorded.

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Wisconsin Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes