Posted by Don-Wi on November 01, 2007 at 00:01:26 from (70.224.235.126):
In Reply to: easements posted by Lee in Iowa on October 31, 2007 at 21:27:32:
The way I understand it here in Wisconsin, is that if your property is landlocked, it is illegal for the adjacent property owner to block you from using their driveway or whatever it takes.
We have an easement to get to about 15 acres of land that we farm, and we have to go right through the middle of an apple orchard (used to be our land) to get to it. Every year the owner starts to raise a fuss about us knocking all the apples off his trees along the lane, but he's the ones that decided to move the path from the edge to right down the middle, and it has a creek so there is a culvert to cross over.
He says he'll clear the path along the edge again, but we tell him that if there isn't a culvert there, we ain't gonna cross it and we aren't paying for it ourselves to install one. It shuts him up for a few months at a time when we explain it to him.
Then he'll point over to our other field that's across the creek, and has road access, and says he'll help put in a culvert over there. We tell him that's fine and all, but it's a wet sink hole by the creek over there and we still wouldn't be able to use it because we wouldn't be able to make it through. He gets frustrated, but he shot himself in the foot on that deal.
My favorite time of year is hauling manure in the fall when the apple and pumpkin season is in full swing. We just go rihgt through the orchard. Any obstacles he has set out get moved, and we have the right of way over the cars that are coming & going. Can't back up a tractor and manure spreader near as easy as they can a mini-van... Atleast that's what we go with...
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