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Wisconsin law allows people who trespass and encroach on other's land for a long period of time (typically 20 years) to develop an ownership claim to the property.
An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.
Under the common law, a party's use of another's real property becomes a prescriptive right upon: 1) an adverse use; 2) that is visible, open, and notorious; 3) under an open claim of right; and 4) continuous for 20 years.
82.27 Landlocked property and property with insufficient highway access.
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. An affirmative easement, also known as a positive easement, grants permission for land to be used for a specific purpose.
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.
Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.
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.