The law of prescriptive easements is state law and varies from state to state.
In IN one MAY acquire a prescriptive easement after an adverse usage period of ten years. Other states require different usage periods. It appears that WI has codified the law and follows the more common twenty year usage period. Note: the use must be adverse, i.e., without permission.
More importantly, the burden of proving all elements necessary to acquire a prescriptive easement is on the party seeking to acquire the easement. This can be a heavy burden unless you have kept good records for the statutory time period.
In any event, an enforceable easement can be acquired only after a court of law has heard the evidence and ruled upon the issue.
If access to your property via the "short route" is important you should consult a WI lawyer because it is likely that the property owner will do so if such has not been done already. It is likely that the lawyer will advise you to seek a license (permission) from the current owner. Do not make an enemy if usage of the "short route" is important. After all, the current owner is the owner.
I have attached a link to in interesting article from the Wisconsin Lawyer that should answer most of your questions. Note that a prescriptive easement acquired through adverse usage and an easement by necessity are different legal issues.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
