Driveway

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Boxing

Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips.  Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift).  When Lot 2 was deeded, however, Slip C was on the deed (no boat lift).  Lot 2 used Slip A, but when Lot 1 was later sold, that deed stated Slip A.  Despite what was on the deeds, after Lot 1 was sold its owner used Slip C, as he was apparently aware of the error on the Lot 2 deed.  Later a dispute broke out over whether the driveway easement was simply for ingress or egress or included the right of Lot 2 to park vehicles on the driveway.  This resulted in Lot 1 filing suit for the court to determine the extent of the driveway easement and who owned which boat slip.
Continue Reading Driveway Easement and Boat Slips – Expensive Fighting

Private Access

2021 Senate Bill 283 is being proposed to create Section 710.20 of the Wisconsin Statute relating to the maintenance and repair of private roads with access easements.  Essentially the bill, if passed into law, would require all persons that have a right to use a private road or driveway to contribute to the maintenance and repair costs.  If the parties have a written agreement as to how the costs should be shared, that written document would control.  In the absence of a written document, or the written document does not address the costs, the costs would be shared based on the amount and intensity of each person’s actual use. 
Continue Reading Wisconsin 2021 Senate Bill 283 – Maintenance and Repair of Private Roads