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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Private Road As Easement

    My question involves an easement in the state of: WI

    We own 2, 5 acre lots. Years ago the land used to be approx 40 acre parcel, that had been split into 6 lots. (all just over 5 acres)

    There is a single access/road into the 6 lots from the highway.
    The way the land was split up, each of the 6 lot has their own "driveway"

    Lot 2 is the burden lot (all lots must go through 2)
    Lots 1, 2, 3 and 4 can access their properties without going anywhere near lots 5 and 6
    We own lots 5 and 6
    The private road going through those lots dead ends

    We have a neighbor who walks on the private road of lots 5 and 6
    The private road is our property according to the CSM

    There is no need for this neighbor to walk, drive, or access lots 5 and 6 in order to get to his property. He just walks through lot 5, to the end of 6, then turns around and walks back past 5 and back onto lot 2's easement, turns left and goes down his drive way home.

    When he walks there, IF we see one another, a fight usually ensues. I tell him he's trespassing, he states he is not.

    I have a copy of his deed, and the only lot mentioned on his deed for ingress/egress is lot 2

    Actually, the "only" reason the neighbor walks on the easement is too provoke me.
    I never saw them there before they had issue/fight with us at a township meeting (for a whole other ordeal)
    In any event, what I'm wondering is, because lots 5 and 6 aren't on the neighbors deed, am I correct in that they have no rights to be on them? Would this be trespassing?

    When a deed says it's an easement for ingress/egress wouldn't that mean use only for someone to get into their property?

    Any help on this would be greatly appreciated.
    A big thanks in advance!

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Private Road As Easement

    Based on what you have written, it appears he has no recorded right to use that portion of the drive.

    Specifically, the language "the only lot mentioned on his deed for ingress/egress is lot 2."

    In property law, ingress, egress, and regress are the rights of a person (such as a lessee) to enter, leave, and return to a property, respectively.
    Black's Law Dictionary (5th edition). West: St. Paul (MN), 1979.

    I know the relationship is poor, but has he ever stated the reason he believes he is not trespassing? For example, if the Public use a road for a duration equal to a statutory period, that road may become a public way.

    I recommend you speak to a local lawyer; take a 1/2 hour and see what they think of the situation. If they agree, have the lawyer send a certified letter to the neighbor explaining your rights.

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