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Easement from a railroad

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railroad

Junior Member
What is the name of your state? Wisconsin. I recently purchased 25 acres of land divided by an operating railroad. The access from one part to the other is an underpass tunnel constructed in the 1856's. It has been used on and off for 150 years. The deed recorded in 1856 describes this as a "cattle passage". The railroad contends the easement description is to be taken literally. That is, use the passage for cattle. I, of course want to use the property for more current uses. The land is still zoned for agricultural use; and I don't intend to change that useage. I am allowed to put a home on this part of the property without a zoning change; but I need access. Any hope I can expand the scope of the easement without a battle?
 


BelizeBreeze

Senior Member
Before I get into this further, answer this question:

From whom did you purchase the propety? (the railroad or a private party)
Is the railroad granted an easement through the property?
 

railroad

Junior Member
If I read the deed corectly;In 1856 the railroad bought a strip of land "fee simple(?)"; then allowed the former owner this "cattle passage". I bought the split parcel from a subsequent owner; who used the passage.
 

BelizeBreeze

Senior Member
railroad said:
If I read the deed corectly;In 1856 the railroad bought a strip of land "fee simple(?)"; then allowed the former owner this "cattle passage". I bought the split parcel from a subsequent owner; who used the passage.
O.K. let's try this once more. On your deed, is there an easement agreement which states you have the 'cattle access' rights or not?
 

BelizeBreeze

Senior Member
I have been researching your situation a bit in the last few hours and I have some advice, which includes hiring a real estate attorney to file for affirmative relief in the form of a change in the easement definition.

Also, point your attorney to LOZIER v. BLATTLAND INVESTMENTS, LLC which can be found here.

I have a feeling that the railroad does not want to maintain the overpass and is therefore fighting the change of access requirements. You, however, face an uphill fight.
 

railroad

Junior Member
The deed states the "cattle Passage" to be built for $10. paid by the owner iof the split parcels. So yes, the deed allows for a "cattle passage". I assume this is an easement.
 

BelizeBreeze

Senior Member
railroad said:
The deed states the "cattle Passage" to be built for $10. paid by the owner iof the split parcels. So yes, the deed allows for a "cattle passage". I assume this is an easement.
Yes, it is an easement so read my previous post.
 

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