Legal Question in Real Estate Law in Wisconsin
Access Easements
I live in Wisconsin and I am looking for some input and advice on the following:
We purchased land in a new subdivision from the developer. The Warranty Deed did not indicate that any easements existed, and stated that ''...Grantor warrants that the title is good, indefeasible in fee simle and free and clear of encumbrances except for recorded easements for the distribution of utility and municipal services...''
The Recorded Plat shows a 12' Access Easement on the property line, between our lot and our neighbors. The Legend and Notes states that the 12' Easement is for Utilities, TV, cable and drainage. (There is a preservation outlot behind our homes). No other use is stated on the deed, plat or in the covenants of the subdivision.
Recently, some of the homeowners of the subdivision met and are claiming that they have easement access rights, because the plat shows an access easement, and want to create a bark path and install an access sign. This was certainly a surprise to us.
Are we correct in believing that the easement is only for utilities, TV, cable, and drainage as indicated on the plat?
I appreciate any advice or response. Thank you.
1 Answer from Attorneys
Re: Access Easements
I would think that you are probably right, if the documents say what you state, however, this is a case that I would definitely recommend retaining a land use attorney if you want to stop them from installing the path. You may have to get an injunction from a judge, or some kind of ruling as to the actual meaning of the easement.
An attorney, speaking with an attorney representing the subdivision may have better luck convincing them that they are not allowed to do this, and that you will file suit for trespassing and damage to property if they proceed.
REally it needs to be looked at to help you figure out what your rights are.
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