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Easement Question

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hartwa

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Wondering if someone could offer some advice on the rights of easement owners vs the property owner.

There is a 66' easement that goes across my property for the purposes or ingress regress. There is 2 property owners that use it to access their land. Over the years we have done improvements to the point now that the easement area is a drivable road. I have agreed to pay for the improvements because I too use a portion of the road to access the rear of my property.

I am considered building a house on my land and want to make the portion of the road to my proposed driveway a town road or public road. To do that I will have to pay for the improvements to bring it up to town specs...widen it and pave it. I have approached the other 2 land owners about doiing the whole easement as a town road so that their property can be accessed with a nice paved road....they do not want to pay for it.

My question is this.... I still may pay for the portion of the road to my driveway and make it a public road. The remaining easement that the other 2 owners use to access their land goes across my land. If I make the town road go only up to my proposed driveway...can they at a later date change their mind and force me to allow them to make the rest of the road public?

My concern is that I will be fronting the huge expense of doing most of the road myself and then they will want to finish the last remaining part of the easement (only 20% of the total length) and split the cost 2 ways. If they cannot force me to allow them to do that,,,,I will be fair and offer them an agreement where they simply pay thier original share.

Any thoughts?
 


FlyingRon

Senior Member
You'd need to read (or better yet have an attorney read) the easement grant to find out what can and can not happen. I suspect your taking the easement public as long as it doesn't interfere with the dominant tenants use, is fine. The easement while it requires the servient tenant to allow them access, can't make him give up other rights to the property (like giving it to the city).
 

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